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ESTATE OF ELIJAH JERMAYNE SMITH, Deceased

ESTATE OF ELIJAH JERMAYNE SMITH, Deceased (110 A 2003/B) — This is an application by the administrator, the decedent's mother, to compromise causes of action arising from the decedent's death and judicially settle her account. The petitioner also requested a determination that the decedent's father is disqualified from receiving any share of the net distributable proceeds on the grounds that he abandoned and failed to support the decedent (see EPTL 5-4.4 [a] [2]; EPTL 4-1.4); however, after jurisdiction was obtained over the father, and without the filing of any objections, the parties entered into a written stipulation of settlement.

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ESTATE OF ELIJAH JERMAYNE SMITH, Deceased (110 A 2003/B) — This is an application by the administrator, the decedent’s mother, to compromise causes of action arising from the decedent’s death and judicially settle her account. The petitioner also requested a determination that the decedent’s father is disqualified from receiving any share of the net distributable proceeds on the grounds that he abandoned and failed to support the decedent (see EPTL 5-4.4 [a] [2]; EPTL 4-1.4); however, after jurisdiction was obtained over the father, and without the filing of any objections, the parties entered into a written stipulation of settlement.

The infant decedent sustained injuries on April 10, 2001 while in his crib in foster care, and died the same date. His distributees are his parents. Under the circumstances presented, including the consent of the New York State Department of Taxation and Finance and the lack of any unsatisfied 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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