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[*1]


Decided on September 21, 2006
Sur Ct, Kings County

2196/2002
Attorney for Petitioner Andrew Rosner, Esq. 600 Old Country Road Suite 520 Garden City, New York 11530 Guardian ad Litem for Dalanna Bailey, minor child Blaise F. Parascandola, Esq.
16 Court Street-32nd Floor
Brooklyn, New York 11241
Frank R. Seddio, J.
The action relating to decedent's wrongful death and conscious pain and suffering was settled before trial for the sum of $400,000.00. The entire amount is allocated to the wrongful death action. The compromise is approved, the restrictions in the letters of administration are removed, and the administrator is authorized to consent to the settlement and issue general releases. Distribution shall be made pursuant to the terms of the structured settlement more specifically outlined in the papers submitted. [*2]
The decedent died of injuries resulting from medical malpractice, consisting of an overdose of morphine in the hospital. The decedent's mother, Loretta Bailey, the petitioner herein, commenced an action as administrator of her daughter's estate. The sole distributee of the estate is decedent's three year old daughter, Dalanna Loretta Bailey.
The defendants have offered $400,000.00 to settle the claims in full. The terms of the structured portion of the offer with the proposed allocation of the net proceeds was submitted. Petitioner requests that all of the proceeds be allocated to the wrongful death claim and that the claim for conscious pain and suffering be discontinued and also waives any claim for commissions.
The proceeds shall be paid as follows:
1) To the attorneys the sum of $114,818.77 pursuant to Judiciary Law

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