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MATTER OF HERNANDEZ

186 Misc.2d 93 (2000)

715 N.Y.S.2d 627

In the Matter of the Estate of JOSE M. HERNANDEZ, Deceased.

Surrogate's Court, Bronx County.

October 31, 2000.

Attorney(s) appearing for the Case

Rodriguez & Leid, P. C. (Jose Antonio Rodriguez of counsel), for Juana Cruz, administratrix.

OPINION OF THE COURT

LEE L. HOLZMAN, J.

This is an application by the administratrix to remove the restrictions contained in her limited letters of administration so that she may collect and distribute the settlement proceeds of $150,000 from a cause of action under section 8-b of the Court of Claims Act for the decedent's unjust conviction and imprisonment. The novel issue presented is whether a claim for unjust...

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