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MATTER OF DEMESYEUX

350391/A

42 Misc.3d 730 (2013)

978 N.Y.S.2d 608

2013 NY Slip Op 23443

In the Matter of INNOCENT DEMESYEUX, as Administrator of the Goods, Chattels and Credits of INNOCENT DEMESYEUX, JR., Deceased, Petitioner, For Leave to Compromise a Certain Cause of Action for Wrongful Death of the Decedent and to Render and Have Judicially Settled an Account of the Proceedings as Such Administrator. In the Matter of INNOCENT DEMESYEUX, as Administrator of the Goods, Chattels and Credits of MICHAEL DEMESYEUX, Deceased, Petitioner, For Leave to Compromise a Certain Cause of Action for Wrongful Death of the Decedent and to Render and Have Judicially Settled an Account of the Proceedings as Such Administrator.

Surrogate's Court, Nassau County.

Decided December 23, 2013.

Attorney(s) appearing for the Case

Foley Griffin, LLP, Garden City ( Thomas J Foley of counsel), for petitioner.

Ruskin Moscou Faltischek, P.C., Uniondale ( Jennifer F Hillman and Peter K. Kelly of counsel), coguardians ad litem for respondent.

Kenneth J. Weinstein , P.C., Garden City, guardian ad litem for unnamed half siblings.

Mental Hygiene Legal Service, Mineola ( Lesley M. DeLia of counsel).

OPINION OF THE COURT

EDWARD W. McCARTY III, J.

In this proceeding for leave to compromise an action for wrongful death, the adequacy of the settlement was approved by the order of the Supreme Court, Nassau County, the Honorable Thomas Feinman, on March 7, 2012. Justice Feinman's order also fixed attorneys' fees and disbursements and, by discontinuing the cause of action for conscious pain and suffering, effectively allocated all of the net proceeds to the...

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