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ESTATE OF RAFAEL CEPEDA, ALSO KNOWN AS RAFAEL A. CEPEDA, Deceased (436/A/08) — The administrator, the decedent’s spouse, seeks to judicially account for the remaining proceeds of causes of action settled in the Supreme Court, Bronx County (McKeon) being held in her attorneys’ escrow account.

The decedent died intestate on August 28, 2006, allegedly as the result of medical malpractice. In addition to the petitioner, the decedent’s distributees are three children, all of whom were under the age of 21 on the date of the decedent’s death, who were served with process and defaulted. Under the circumstances presented, including the consent of 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 equally between the personal injury and wrongful death causes of action.

 
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