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New York County First Department Surrogate's Court

Decision and Orders & Decree and Orders signed between:April 15-19, 2024

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Decision and Orders signed: April 17 & 18, 2024 Surrogate Gingold

ESTATE OF FREDERICK SMITH, a/k/a FREDERICK O. SMITH, Deceased (12-3497/A/B/C) — Petitioner’s petition for leave to compromise a cause of action for decedent’s conscious pain and suffering was filed on July 31, 2023, in which petitioner’s attorney asked to be reimbursed $63,322.21 for disbursements. After the court requested information regarding disbursements in accordance with Estate of Herlinger, NYLJ, Apr. 28, 1994 at pg. 29 col. 3 [Sur Ct, NY County 1994], petitioner’s attorney filed an affirmation to amend the petition with a list of the disbursements attached as an exhibit on December 15, 2023, requesting to be reimbursed $61,705.09 for disbursements. The list of disbursements failed to comply with Herlinger. On February 1, 2024, the court requested (1) an affirmation from counsel describing every charge, (2) proof of every charge, and (3) a separate memorandum of law to support each disbursement request. As of today, petitioner’s attorney has not responded, nor has she filed any documents with the court. Accordingly, it is hereby ORDERED that petitioner file with the court (1) an affirmation of counsel describing every charge listed on the itemized list of disbursements, (2) proof of every charge, and (3) a separate memorandum of law to support such disbursement requests. These documents shall be filed with the court within thirty days, or the court will strike this portion of the petition. The Clerk of the Court is directed to email a copy of this decision of the Court to counsel as listed below. Dated: April 18, 2024

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