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ESTATE OF JOANN E. BENDA, Deceased

ESTATE OF JOANN E. BENDA, Deceased — The administrator, the decedent's mother, seeks to compromise causes of action arising from the decedent's death and judicially account for the settlement proceeds, a no-fault death benefit and an investment account.

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ESTATE OF JOANN E. BENDA, Deceased — The administrator, the decedent’s mother, seeks to compromise causes of action arising from the decedent’s death and judicially account for the settlement proceeds, a no-fault death benefit and an investment account.

The decedent died intestate on October 4, 2007, allegedly as the result of injuries sustained as a pedestrian when she was struck by a motor vehicle. The decedent’s presumptive distributees are her parents (see EPTL 4-1.1; 5-4.4). The decedent’s father was served with process seeking to disqualify him from receiving a distributive share of the settlement proceeds and the decedent’s estate on the grounds of abandonment and failure to support the decedent (see EPTL 4-1.4), and he defaulted. Traveler’s Casualty & Surety Company of America, the bond surety, was served with process and there was no appearance in opposition. Under the circumstances presented, including the consent of the New York State Department of Taxation and Finance, the lack of any unpaid debts or claims presented herein, and that the decedent never regained consciousness after the accident, the court grants the request to allocate the entire settlement proceeds to the wrongful death cause of action.

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