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MATTER OF MCGAVISK

130 Misc.2d 501 (1985)

In the Matter of The Estate of Timothy E. McGavisk, Deceased.

Surrogate's Court, Allegany County.

December 10, 1985

Attorney(s) appearing for the Case

Dwyer & Dwyer (Edward M. Sharkey of counsel), for Patricia M. Smith, petitioner. Hornburg, Diggs & Marks (Gerardus A. Backhaus of counsel), for John R. McGavisk, petitioner.

PETER R. SPRAGUE, S.

ISSUE

In this proceeding the court is asked to determine which of an infant decedent's natural parents shall receive limited letters of administration to prosecute a wrongful death claim.

FACTS

On September 29, 1985 in the Village of Bolivar, Timothy E. McGavisk, then 11 years old, was fatally injured in an automobile-pedestrian accident.

The infant's natural father, John Ross McGavisk, and natural...

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