ESTATE OF SIMONE R. SCALICE, Deceased
ESTATE OF SIMONE R. SCALICE, Deceased. (S-79/99/A A-205/00) — This is an application by the limited administratrix of this estate to modify the limitations contained in the Limited Letters of Administration issued by this Court on November 14, 2000 so as to enable her 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.
Upon review of all the papers submitted, the application to modify the limitations and to settle the wrongful death/conscious pain and suffering cause of action in the amount of $41,729.10 is approved. The allocation of the net proceeds shall be 70 percent to the cause of action for conscious pain and suffering and 30 percent to the cause of action for wrongful death. Attorney fees, inclusive of disbursements, are fixed and allowed in the total amount of $13,934.74 to the David Law Firm, P.C.
The net balance in the amount of $27,794.36 shall be paid as follows: $19,456.05 to Aphrodite A. Scalice, surviving spouse, for the portion of the settlement allocated to conscious pain and suffering; $8,338.31 to Aphrodite A. Scalice, surviving spouse for the portion of the settlement allocated to wrongful death.
The limitations within the Limited Letters of Administration shall remain in effect, as against any other parties, and any and all other civil actions, until further Order of the Court.
Incidental relief prayed for is granted.
January 25, 2013