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MATTER OF ASBESTOS LITIG.

4 Misc.3d 457 (2004)

778 N.Y.S.2d 867

In the Matter of SEVENTH JUDICIAL DISTRICT ASBESTOS LITIGATION CAROL CUPO, Individually and as Personal Representative of the Estate of PATRICK CUPO, Deceased, et al., Plaintiffs v. BABCOCK BORSIG POWER, INC., Formerly Known as DB RILEY, INC., Formerly Known as RILEY STOKER CORPORATION, et al., Defendants

Supreme Court, Monroe County.

June 7, 2004.

Attorney(s) appearing for the Case

Lipsitz & Ponterio LLC (Neil J. McKinnon of counsel), for plaintiffs.

Smith, Murphy & Schoepperle LLP (Lynn Gates of counsel), for Certain-Teed Corporation and Quigley Company, Inc., defendant.

Smith, Sovik, Kendrick & Sugnet P.C. (Robert Cahalan of counsel), for Cleaver-Brooks Company, defendant.

Osborn, Reed & Burke LLP (Bernadette W. Catalana of counsel), for Garlock Inc., defendant.

Damon & Morey LLP (Heide Brauer Ruchala of counsel), for Insulation Distributors, Inc., defendant.

Underberg & Kessler LLP (Maija C. Dixon of counsel), for Rochester Industrial Insulation, Inc., defendant.

OPINION OF THE COURT

RAYMOND E. CORNELIUS, J.

The issue presented, in the above-captioned asbestos related, personal injury and wrongful death actions, is whether the court should grant approval to the settlement of a wrongful death claim, pursuant to EPTL 5-4.6, if there has been no appointment of a personal representative.

The Seventh Judicial District, like many judicial districts throughout the State of New York, has adopted a case management...

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