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ESTATE OF JOHN HART a/k/a JOHN ALBERT HART, Deceased (15-3398/E/F/G) — This is petitioner’s second application for leave to compromise a cause of action for decedent’s conscious pain and suffering and wrongful death. Petitioner’s first application was denied without prejudice on July 24, 2023. Petitioner’s application for leave to allocate and distribute causes of action for decedent’s conscious pain and suffering and wrongful death is granted. Petitioner is authorized to collect the settlement and execute the necessary receipts and releases. The restrictions on the letters of administration are modified to allow this compromise. The entire recovery is allocated to conscious pain and suffering. The fees and disbursements of petitioner’s attorney are fixed and determined as set forth in the decree. Petitioner is entitled to $14,200.00 in statutory commissions pursuant to SCPA 2307. The balance of settlement proceeds shall be distributed to decedent’s distributees pursuant to EPTL 4-1.1 [a][4], as set forth in the decree. The account is settled and the decree is signed. The Clerk of the Court is directed to email a copy of this decision of the Court to counsel as listed below. Dated: April 15, 2024

 
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