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MATTER OF SPATOLA

196 Misc.2d 666 (2003)

763 N.Y.S.2d 463

In the Matter of the Estate of JAMIESON SPATOLA, Deceased.

Surrogate's Court, Richmond County.

July 29, 2003.

Attorney(s) appearing for the Case

McMahon, Martine & Gallagher, New York City, for petitioner.

Barbara G. Billet, Albany, for New York State Tax Commission.

John P. Sipp, Staten Island, guardian ad litem.

Sgarlato & Sgarlato, Staten Island, for Carol Ann Spatola, administratrix.

OPINION OF THE COURT

JOHN A. FUSCO, S.

In this pending proceeding, the decedent died on May 27, 1996, as a result of medical malpractice. Limited letters of administration were duly issued to Carol Ann Spatola, the surviving spouse, who retained counsel to bring a cause of action against those responsible for the death of her husband.

A cause of action for personal injury was brought by counsel, McMahon, Martine & Gallagher (hereafter McMahon...

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