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Matter of Viafore

Hearing Ordered to Determine if Beneficiary 'Recklessly' Caused Decedent's Death

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DECISION

*1Laura E. Rice, administrator of the estate and sister of the decedent, moves by order to show cause for an order determining that Angelika Graswald a/k/a Angelika Lipska (hereinafter “Graswald”) has forfeited any interest in any asset in which the decedent had an interest or which might devolve to her as a result of his death. The following papers were considered:Order to Show Cause-Affirmation-Exhibits 1-2 1-4Affirmation in Opposition-Memorandum of Law-5-10Exhibit A-C-Affidavit of ServiceReply Affirmation-Affidavit of Mailing 11-12By way of background, on or about April 19, 2015, the decedent and Graswald were kayaking in separate kayaks in the Hudson River in Orange County, New York. The weather that day was cold and windy, with water temperature in the 40s. The decedent was not wearing a life vest or a wet suit. The decedent and Graswald entered the Hudson River from Plum Point Park in Orange County and went to

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