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McMILLAN-HOYTE (HOYTE)

2014-711/A.

71 Misc.3d 1042 (2021)

147 N.Y.S.3d 345

2021 NY Slip Op 21090

In the Matter of CLATHINA McMILLAN-HOYTE, as Administrator of the Estate of HENDERSON T. HOYTE, Deceased, for Approval of the Application for Allocation and Distribution of Proceeds of a Cause of Action Pursuant to EPTL 5-4.6.

Surrogate's Court, Albany County.

Decided April 7, 2021.

Attorney(s) appearing for the Case

Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, New York City ( David H. Larkin of counsel), for petitioner.

Eugenia Condon , County Attorney, Albany ( Albert F. Dingley of counsel), for Albany County Department of Social Services, respondent.

Robert M. Gottheim , Albany, guardian ad litem for T.H., respondent.

Patricia J. Shevy , Albany, guardian ad litem for H.H., respondent.

OPINION OF THE COURT

Decedent died intestate a resident of Albany County on January 14, 2013, at the age of 53 years. He was survived by his wife, petitioner Clathina McMillan-Hoyte, and six children, five of whom were then under age 21. Letters of limited administration were issued to petitioner on July 30, 2014. Petitioner...

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