• Surrogate's Court, Richmond County
  • 285/A/10
  • Nov 09 2012 (Date Decided)
  • Surrogate Gigante

ESTATE OF THERESA PORMIGIANO, Deceased (285/A/10) — The limited administratrix of this estate has moved to modify the limitations contained in the Limited Letters of Administration issued by this Court on May 4, 2010 so as to enable her to compromise a wrongful death/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 wrongful death/personal injury claim in the amount of $225,000.00 is approved. All proceeds are allocated to the cause of action for personal injury.

Pursuant to EPTL 5-4.6, attorney fees, inclusive of disbursements, were fixed and allowed in the total amount of $70,066.00 to Zaremba, Brownell and Brown, PLLC. John Pormigiano shall be paid $10,250.00 as reimbursement for payment of decedent's funeral expenses.

The net balance in the amount of $144,684.00 shall be paid to the decedent's distributees pursuant to EPTL §4-1.1 as follows: $97,342.00 to John Pormigiano, Sr., surviving spouse; $11,835.50 to Joann Silva; $11,835.50 to Salvatore Pormigiano; $11,835.50 to John Pormigiano, Jr.

Incidental relief prayed for is granted.

Submit Decree.

November 9, 2012