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New York County, Surrogate's Court: October 14, 2022

Decisions and Decree & Orders released between:October 7 - 12, 2022

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Decision and Decree & Orders decided on: October 7 & 12, 2022 Surrogate Anderson

ESTATE OF THOMAS JOHNSON, a/k/a KHALIL ISLAM, Deceased (21-4361/B/C/D) — The compromise of a cause of action for decedent’s wrongful conviction and imprisonment was approved by the Court of Claims. The restrictions contained in the letters issued to the administrator are modified to the extent necessary to allow this compromise, and she is authorized to collect the settlement and execute the necessary receipts and releases. The fees of petitioner’s attorney in the Court of Claims proceeding are fixed and determined as set forth in the decree. The administrator’s request for authorization to pay additional fees to another law firm for services rendered as estate counsel is denied. Recovery for the instant claim of unjust conviction and imprisonment is subject to the court rule limiting the amount of legal fees for counsel retained under a contingency fee arrangement (22 NYCRR 603.25[e]; Matter of Hernandez, 186 Misc 2d 93 [Sur Ct, Bronx County 2000]). To allow additional legal fees would circumvent that rule (see Matter of Falu, NYLJ, Jan. 22, 2015, at 24, col 5 [Sur Ct, NY County 2015]). However, the administrator is authorized to reimburse counsel for filing fees in the amount of $2,530. The balance of the settlement proceeds shall be distributed to decedent’s distributees as set forth in the decree. The account is settled, and the decree is signed. Dated: October 12, 2022

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