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ESTATE OF THOMAS FRANCIS FOLEY, Deceased (927/A/10) — The administrator, the decedent’s sister, seeks to judicially account for the remaining proceeds of causes of action settled in the Supreme Court, Bronx County (McKeon, J.), being held in her attorneys’ escrow account. The supreme court order, inter alia, directed the payment of attorneys’ fees, disbursements, and certain claims asserted by the New York City Department of Social Services/ HRA and MSPRC/Medicare.

The decedent died intestate on July 19, 2009, as the result of alleged medical malpractice. The decedent’s distributees are a spouse and two children who were both over the age of 21 at the time of the decedent’s death. Under the circumstances presented, including the consents of all distributees 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 net distributable proceeds to the wrongful death cause of action.

 
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