ESTATE OF ANDREW MOSZYNSKI, Deceased (13-864/B/C/D) — In this uncontested miscellaneous proceeding, the executor of the estate of Andrew Moszynski seeks permission to collect and distribute the proceeds of a recovery from the September 11th Victim Compensation Fund (the “Fund”) and further seeks judicial settlement of her account with respect to those proceeds. This award compensates for direct awards issued by the VCF, personal injuries and wrongful death of the decedent who developed lung cancer from his exposure to toxins in the New York City Exposure Zone around the World Trade Center site, during and following the September 11, 2001 terrorist attacks. He was survived by his spouse and testamentary beneficiary, and two children, both of whom had not attained the age of 21 at the time of his death. The executor’s petition is granted, and she is authorized to collect the amount due from the Fund, after certain statutory offsets, as reflected in the VCF Award Detail, and is authorized to execute the necessary receipts and releases. The restrictions contained in the letters testamentary are modified to the extent necessary to allow the collection and distribution of such award. The legal fees for petitioner’s attorneys are fixed and determined. Reimbursement of funeral expenses paid by the executor is awarded. The balance of the net proceeds shall be allocated to decedent’s spouse, attributable to decedent’s conscious pain and suffering, as and per her share of the estate pursuant to decedent’s Last Will and Testament; the net proceeds allowed under the applicable VCF rules as a direct award to decedent’s spouse and dependent children; respectively, payable to them in accordance with those rules; and the net proceeds attributable to decedent’s wrongful death in accord with the formula enunciated in Matter of Kaiser, 198 Misc 2d 582 (Sur Ct. Kings County 1950), is payable to the decedent’s spouse and children, as set forth in the decree. The account is settled, and the decree is signed. Dated: December 10, 2024
