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Estate of James J. Hutchins, a/k/a James Hutchins, deceased

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The administrator, the decedent’s spouse, petitions to judicially account for the proceeds of causes of action settled in the Supreme Court, Bronx County (Green, J.) which are being held in her attorneys’ escrow account.

The decedent died intestate on November 27, 2003, allegedly as a result of medical malpractice. In addition to the petitioner, the decedent’s distributees are three children, one of whom was under the age of 21 on the date of the decedent’s death, and all of whom appeared on the return date of the citation and indicated that they did not agree with the petitioner’s proposal to distribute the entire net distributable proceeds to herself. On the next calendar date the children appeared by counsel, a written stipulation was entered into settling all issues raised, and the petition and the account were deemed amended accordingly. Under the circumstances presented, including the consents of the children and the New York State Department of Taxation and Finance and the lack of any unpaid debts or claims presented herein, the court grants the request to allocate the entire settlement proceeds to the wrongful death cause of action.

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