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New York County,Surrogate's Court: August 10, 2022

Decision & Order decided on:August 5, 2022

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ESTATE OF IOLA COLBERT, Deceased (14-3550/D/E/F) — The settlement of causes of action for decedent’s conscious pain and suffering and wrongful death against defendant Franklin Hospital, was approved by an order of the Honorable Deborah Ann Kaplan, of the Supreme Court, New York County, on December 3, 2019.1 The co-Administrators now petition for leave to modify the restrictions on their Letters of Administration, approve their attorneys compensation (in accordance with the medical malpractice retainer) and disbursements, determine claims, allocate the net proceeds solely to the cause of action for conscious pain and suffering, and distribute the net settlement proceeds. The unopposed petition is granted. The restrictions on the Letters of Administration issued by this court are modified, and the co-Administrators are authorized to collect the settlement proceeds and distribute as set forth in the decree. The co-Administrators have waived statutory commissions and there is no request for the reimbursement of funeral expenses. Petitioners are authorized to pay the New York City Department of Social Services the sum of $70,000.00, and CMS Centers for Medicare and Medicaid Services the sum of $2,496.07, in full satisfaction of their supplemental liens. The net proceeds shall be divided equally between Nicole Greene and Jamal Greene, as decedent’s sole distributees, pursuant to EPTL 4-1.1 (a)(3). Decree settling co-Administrators’ account signed. Dated: August 5, 2022

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