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MATTER OF RODRIGUEZ

3 Misc.3d 1049 (2004)

776 N.Y.S.2d 761

In the Matter of the Estate of JIMMY RODRIGUEZ, Deceased.

Surrogate's Court, Bronx County.

March 23, 2004.

Attorney(s) appearing for the Case

Kleinman & Shedlo (Bruce G. Clark of counsel), for administratrix.

Guy T. Parisi, guardian ad litem.

Eliot Spitzer, Attorney General (Howard Holt of counsel), for charitable beneficiaries.

OPINION OF THE COURT

LEE HOLZMAN, J.

This is a proceeding by the administratrix of the decedent's estate, one of his seven children, to compromise and judicially account for a wrongful death recovery. The novel question presented is whether, in a proceeding to distribute the proceeds of a wrongful death action, the provisions of SCPA 2225 may be utilized to reach a determination that the decedent's daughter...

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