ESTATE OF ELPIDIO BRITO, ALSO KNOWN AS ELPIDIO B. BRITO, Deceased

ESTATE OF ELPIDIO BRITO, ALSO KNOWN AS ELPIDIO B. BRITO, Deceased (761A/06/A) — The Public Administrator seeks to judicially account for the remaining proceeds of wrongful death causes of action settled in the Supreme Court, Bronx County (Aarons, J.). The supreme court order, inter alia, directed the payment of attorneys' fees and disbursements, various medical expenses and the reimbursement of the decedent's funeral expenses.

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ESTATE OF ELPIDIO BRITO, ALSO KNOWN AS ELPIDIO B. BRITO, Deceased (761A/06/A) — The Public Administrator seeks to judicially account for the remaining proceeds of wrongful death causes of action settled in the Supreme Court, Bronx County (Aarons, J.). The supreme court order, inter alia, directed the payment of attorneys’ fees and disbursements, various medical expenses and the reimbursement of the decedent’s funeral expenses.

The decedent died intestate on December 4, 2005, allegedly as the result of injuries sustained as a passenger in a motor vehicle accident. The decedent’s recognized distributees are five non marital children, all of whom were under the age of 21 at the time of the decedent’s death, one of whom remains an infant. The guardian ad litem for the infant recommends approval of the application including the proposal to deviate from the formula enunciated in Matter of Kaiser (198 Misc 582 [Sur Ct Kings County 1950]) to allow equal distribution to those five recognized distributees. Another guardian ad litem appointed for unknowns filed objections to the proposed distribution, alleging that: (1) there is another non marital adult daughter; (2) although the decedent is not named as her father on her birth certificate, her name is inscribed in the decedent’s family bible; (3) other family members recognize her as the decedent’s daughter; and, (4) accordingly, the guardian ad litem recommends a deviation from Matter of Kaiser (198 Misc at 582), with equal distribution to the alleged daughter in addition to the five recognized distributees.

ESTATE OF ELPIDIO BRITO, ALSO KNOWN AS ELPIDIO B. BRITO, Deceased

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