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Decision and Orders signed: March 21, 2024 Surrogate Gingold

ESTATE OF MANUEL JESUS ENCALADA VILLA, Deceased (21-4909/A/B/C) — The petition by the Administrator of the Estate of Manuel Jesus Encalada Villa seeking permission to compromise a cause of action for decedent’s conscious pain and suffering and wrongful death and to settle an account is granted. The restrictions contained in the letters issued to the Administrator are modified to the extent necessary to allow this compromise, and the Administrator is authorized to collect the settlement and execute the necessary receipts and releases. The settlement proceeds are allocated as follows: 100 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 Administrator is authorized to pay the funeral creditor the sum of $5,227 as reimbursement for decedent’s funeral expenses as set forth in the decree. Petitioner waives statutory commissions under SCPA 2307. The balance of settlement proceeds shall be distributed to decedent’s issue pursuant to EPTL 5-4.4 as set forth in the decree. The account is settled and the decree is signed. The Clerk of the Court shall serve a copy of this decision to all parties in the proceeding at the addresses below. Dated: March 21, 2024

 
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