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New York County First Department Surrogate's Court

Decision and Orders & Decree and Orders signed:March 4-7, 2024

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Decision and Orders signed: March 7, 2024 Surrogate Gingold

ESTATE OF EUBENCIO POLANCO, Deceased (16-1828/B/C/D) — The petition by the Administrator of the Estate of Eubencio Polanco for leave to compromise causes of action for decedent’s conscious pain and suffering and wrongful death is granted. The restrictions contained in the letters issued to the Administrator are modified to the extent necessary to allow this compromise, and the petitioner is authorized to collect the settlement and execute the necessary receipts and releases. The settlement proceeds are allocated as follows: 100 percent to the cause of action for conscious pain and suffering. The fees and disbursements of petitioner’s attorney in this proceeding are fixed and determined as set forth in the decree. The petitioner is authorized to pay herself the sum of $6,159.00 as reimbursement for decedent’s funeral expenses. The petitioner waives statutory commissions under SCPA 2307. The Administrator is authorized to pay the following sums in full satisfaction of their corresponding claims: $35,577.66 to the New York City Department of Social Services; $1,848.71 to Medicare. The balance of the settlement proceeds shall be distributed to decedent’s distributees pursuant to EPTL 4-1.1 as set forth in the decree. The Account is settled, and the decree is signed. The court clerk shall serve a copy of this decision to all parties in the proceeding by email at the addresses below. Dated: March 7, 2024  

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