MATTER OF ESTATE OF BETZ

508555.

74 A.D.3d 1459 (2010)

903 N.Y.S.2d 557

In the Matter of the Estate of THOMAS M. BETZ, Deceased. ANGELA M. BURNSIDE, as Guardian of JACOB T. BURNSIDE, an Infant, Appellant; MARGERET M. BETZ, as Administrator of the Estate of THOMAS M. BETZ, Deceased, Respondent. ROBERT F. McCARTHY, as Guardian ad Litem of JACOB T. BURNSIDE, an Infant, Respondent.

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

Decided June 3, 2010.


Peters, J.

Decedent died in November 2007 after being struck by a vehicle in the City of Albany. Respondent, decedent's mother, thereafter applied for and was granted limited letters of administration. In her petition, respondent averred that decedent had no children and identified herself as decedent's sole distributee. In 2008, Surrogate's Court approved a $50,000 settlement for respondent's cause of action for decedent's wrongful death and discontinued the claim...

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