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Decision & Orders signed: November 3, 2023 Surrogate Gingold

ESTATE OF MICHAEL JARED AKLUFI, Deceased (19-4090/B/C/D) — The petition by the Executor of the Estate of Michael Jared Aklufi for leave to allocate and distribute the proceeds of a cause of action for decedent’s conscious pain and suffering and wrongful death is granted. The restrictions contained in the letters issued to the Executor are modified to the extent necessary to allow this allocation and distribution, and the Executor is authorized to collect the settlement and execute the necessary receipts and releases. The settlement proceeds are allocated as follows: 50 percent to the cause of action for conscious pain and suffering and 50 percent to the cause of action for wrongful death. The fees and disbursements of petitioner’s attorney are fixed and determined as set forth in the Decree. The guardian ad litem’s allowance is fixed and determined as set forth in the Decree. Petitioner waives statutory commissions under SCPA 2307 and no reimbursement for funeral expenses is sought. The settlement proceeds allocated to conscious pain and suffering shall be paid to the Executor for distribution in accordance with the terms of decedent’s will, and the settlement proceeds allocated to wrongful death shall be distributed to decedent’s spouse and issue pursuant to EPTL 5-4.4 as set forth in the Decree. The account is settled, and the decree is signed. Dated: November 2, 2023

 
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