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HANSON v. COUNTY OF ERIE

120 A.D.2d 135 (1986)

Dorothy D. Hanson, Individually and as Administratrix of The Estate of Robert Hanson, Jr., Deceased, Respondent, v. County of Erie, Respondent, and Robert J. Hanson, Sr., Intervenor-Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 10, 1986

Attorney(s) appearing for the Case

William D. Scott for intervenor-appellant.

Roy Carlisi, Jr., for Dorothy Hanson, respondent.

Brown, Maloney, Gallup, Roach & Busteed for County of Erie, respondent.

CALLAHAN, BOOMER, BALIO and LAWTON, JJ., concur.

DILLON, P. J.

Where the sole distributees of a deceased child are divorced parents, neither of whom is disqualified under EPTL 4-1.4 from taking a distributive share in the child's estate, it does not automatically follow that damages awarded for the wrongful death of the child must be distributed in equal shares to the surviving parents. We thus decline to adopt the decision in Matter of Smith (

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