Cite as: Matter of Mouton, 2009-127/A, NYLJ 1202588020986, at *1 (Surr., RI, Decided October 16, 2012)

Surrogate Robert J. Gigante


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Decided: October 16, 2012




This is an application by the executor of the estate to compromise a wrongful death/conscious pain and suffering cause of action on behalf of the decedent.

Jurisdiction over all the interested parties, including the New York State Department of Taxation and Finance, has been obtained. The Guardian ad Litem, appointed on behalf of an incapacitated distributee, has filed his report recommending the granting of the application. The fee of the Guardian ad Litem is fixed at $1,250.00.

Upon review of all the papers submitted, the application to settle the wrongful death/conscious pain and suffering cause of action in the amount of $103,580.30 is approved. The allocation of the net proceeds shall be 100 percent to the cause of action for conscious pain and suffering.

Attorney fees, disbursements and costs in the total amount of $28,226.02 were previously fixed and allowed by the "Allocation Neutral" pursuant to the World Trade Center Litigation Settlement Process Agreement, as amended ("SPA").




The net proceeds in the amount of $74,104.28 shall be distributed as indicated in the amended petition, dated April 27, 2012 and in accordance to the terms and conditions of the Last Will & Testament of the decedent.

Incidental relief prayed for is granted.

Submit Decree upon Notice of Settlement to the Guardian ad Litem and any other attorney who appeared in the proceeding.