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Richmond County, Surrogate's Court:February 28, 2020

Richmond County, Surrogate's Court:February 28, 2020

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Surrogate Titone

ESTATE OF JOSE DELROSARIO, a/k/a Jose D. Del Rosario, Deceased (17/588/A) — This is an application by the limited administratrix of this estate to modify the limitations contained in the Limited Letters of Administration issued by this court on June 28, 2017, to enable her to compromise a personal injury cause of action on behalf of decedent. Jurisdiction has been obtained over all necessary parties, including the New York State Department of Taxation and Finance. Upon review of all the papers submitted, the application to modify the limitations and to settle the personal injury claim in the amount of $395,000.00 is approved. Attorney fees, inclusive of disbursements, are fixed and allowed in the total amount of $135,256.92 to the Law Firm of D.F. Truhowsky. Center for Medicaid and Medicare Services shall be paid $97,477.75, as payment of their claim. Carissa Bailey shall be paid $15,850.00 as statutory commission. Reimbursement for payment of decedent’s funeral expenses shall be paid as follows: $27,106.26 to Magdalena Del Rosario. The net balance in the amount of $119,309.07 shall be paid pursuant to EPTL 4-1.1 as follows: $84,654.54 to Magdalena Del Rosario, spouse of decedent; $11,551.51 to Carissa Bailey, daughter of decedent; $11,551.51 to Melissa L. Jolivet, daughter of decedent; and $11,551.51 to Alyssa Denise Del Rosario. Incidental relief prayed for is granted. Submit decree upon Notice of Settlement to Center for Medicare and Medicaid Services. This matter shall be restored to this court’s calendar of March 18, 2020 at 9:30 a.m. for status on submission of decree. Dated: February 14, 2020

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