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New York County, Surrogate's Court: August 10, 2023

Decision & Orders and Decree & Orders signed:August 5-7, 2023

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Decision & Orders signed: August 7, 2023 Surrogate Gingold

ESTATE OF MERCIDES GRIFFIN, Deceased (11-3957/A/B/C) — This is a proceeding by the limited administrator of the estate of Mercides Griffin to compromise an action for personal injury and to settle the limited administrator’s account. The petition is deficient in that the limited administrator alleges that the estate will receive, among other monies, the “estimated gross settlement amount” of $12,000.00 from a proceeding for personal injuries commenced in the United States District Court for the Southern District of New York, Docket No. 06CV03849. The court cannot make a determination allocating the settlement proceeds or directing distribution without knowing the exact amount of the settlement and the net proceeds available for distribution (see e.g. Matter of Brown, NYLJ, Apr. 26, 2013, at 25, col 5). Further, there has been no activity by petitioner in this proceeding in approximately ten years. Unless, by November 15, 2023, petitioner amends the petition providing the court the exact amount of the settlement proceeds, the court, exercising its supervisory function, shall dismiss the proceeding, based on petitioner’s neglect to prosecute it (SCPA 209[8]). The Clerk of the Court is directed to mail a copy of this decision, which constitutes the order of the court, to petitioner’s attorney and to petitioner by certified mail. Dated: August 7, 2023

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