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ESTATE OF MAUDESTINE EDWARDS, also known as MAUDESTINE SOLOME EDWARDS, Deceased (307 A 2002/A) — The administrator, one of the decedent’s daughters, seeks to compromise causes of action and judicially account for the settlement proceeds.

The decedent sustained personal injuries allegedly as a result of medical malpractice and died intestate on November 8, 2011 of unrelated causes. In addition to the petitioner, the decedent’s distributees are four other children, three of whom consent to the application and one of whom was served with a citation and defaulted. Jurisdiction was obtained over the New York State Human Resources Administration, Department of Social Services (DSS) and, on the return date of the citation, the petitioner and DSS entered into a so-ordered stipulation whereby DSS waived all objections on the condition that it receive $31,124.22 in settlement of its claim against the estate. Under the circumstances presented, including the lack of any remaining unpaid debts or claims not being satisfied herein and the lack of any opposition by the New York State Department of Taxation and Finance, the court grants the request to allocate the entire settlement proceeds to the personal injury cause of action.

 
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