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Surrogate Mella

ESTATE OF KA CHOR YAU, Deceased (17-565/A/B/C) — The proposed compromise of the causes of action for decedent’s conscious pain and suffering and wrongful death is approved. The restrictions on the Letters of Administration issued to petitioner, Jin Yue You, on March 28, 2017, are modified to allow this compromise and she is authorized to collect the settlement proceeds and issue any instrument necessary to effectuate settlement. Statutory commissions (SCPA 2307) and reimbursement for decedent’s funeral expenses are waived. The proceeds are allocated 50 percent to the cause of action for decedent’s conscious pain and suffering, and 50 percent to the cause of action for decedent’s wrongful death. From the share allocated to decedent’s conscious pain and suffering, the administrator is authorized to pay the sum of $23,728.87 to the New York Human Resources-Department of Social Services in full satisfaction of its claim asserted for Medicaid services provided to decedent. Attorneys fees are fixed and determined. In accordance with Matter of Herlinger (NYLJ, Apr. 28, 1994, at 28, col 6 [Sur Ct, New York County]), disbursements are approved in the reduced amount of $22,453.24, after disallowance for local travel, postage, and photocopies. The balance of the net proceeds shall be paid as set forth in the decree (EPTL 4-1.1 [a] [3]; EPTL 5-4.4). Decree settling administrator’s account signed. Dated: September 17, 2021

 
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