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MATTER OF CLOTWORTHY

294 A.D.2d 720 (2002)

742 N.Y.S.2d 168

In the Matter of the Estate of CYRENA CLOTWORTHY, Deceased. ROBIN MATTISON, as Administrator of the Estate of RANDY C. MATTISON, Deceased, Respondent; CYRUS CLOTWORTHY, as Administrator of the Estate of CYRENA CLOTWORTHY, Deceased, Appellant.

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

Decided May 16, 2002.

Mugglin, J.

On December 26, 1999, at age 20, Cyrena Clotworthy (hereinafter decedent) died in a one-car accident. The record does not resolve who was operating the vehicle, but it is undisputed that it was owned by decedent. One of the other two occupants, Randy C. Mattison, also died in the accident, survived by petitioner, his wife, and their three children. Respondent is decedent's father and, as her sole heir, was appointed administrator of her estate.

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