New York County, Surrogate's Court: March 16, 2023

Decision & Order decided on: March 14, 2023

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ESTATE OF LOUIS BETTINO, JR., Deceased (15-2574/A/B/C) — The administrator’s petition for leave to compromise a cause of action for conscious pain and suffering is granted to the extent noted herein. The administrator is authorized to collect the settlement proceeds and to execute the necessary receipts and releases. The letters of administration are modified to the extent necessary to effectuate the compromise. The fees and disbursements of Peter Tangredi, Esq., petitioner’s attorney in the underlying action, and the disbursements incurred in connection with this proceeding are fixed and determined in the amount requested. The administrator’s request for authorization to pay from the settlement proceeds the legal fees incurred by the Law Office of Alan P. Raines in the amount of $4,000, for that firm’s work in this compromise proceeding is denied. In any action for personal injury or wrongful death, the amount of legal fees for counsel retained under a contingency fee arrangement is limited by court rule (22 NYCRR §603.7 [e]), and to allow additional counsel fees exceeding the permitted contingency fee, whether for obtaining limited letters of administration to bring the tort action or to seek compromise of it, would circumvent that rule (see Matter of Falu, NYLJ Jan. 22, 2015, at 24, col 5 [Sur Ct, NY County 2015]; Matter of Cook, NYLJ, August 9, 2010, at 18, col 5 [Sur Ct, NY County 2010]). The administrator is further authorized to pay $8,849 to Long Island Care Center and $3,984.47 to Medicare, in full satisfaction of their respective claim and lien. Funeral expenses were paid from proceeds of the guardianship account established during decedent’s lifetime. The balance of the settlement proceeds shall be distributed to decedent’s spouse and issue, as set forth in the decree. The account is settled, and the decree is signed. Dated: March 13, 2023

New York County, Surrogate's Court: March 16, 2023

Decision & Order decided on: March 14, 2023

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