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ESTATE OF MICHAEL DIPIERRO, ALSO KNOWN AS MIICHAEL DIPIERRO, Deceased (10/760/B) — The administrator, the decedent’s spouse, seeks to distribute from her attorneys’ escrow account the remaining proceeds of causes of action settled in the Supreme Court, New York County, before a Special Master. The causes of action arose from the decedent’s exposure to asbestos. The supreme court order, inter alia, directed the payment of counsel fees, disbursements, a Medicare claim, and reimbursement to the petitioner for the balance of the decedent’s funeral expenses.

The decedent died intestate on October 10, 1999. The decedent’s distributees are the petitioner and two children who were over the age of 21 at the time of the decedent’s death. A similar application was approved previously. Under the circumstances presented, including the consents of both children and the New York State Department of Taxation and Finance, and the lack of any other unsatisfied debts or claims presented herein, the court grants the request to allocate 90 percent of the net distributable proceeds to the personal injury cause of action and the balance to the wrongful death cause of action.

 
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