In re Diliberto

OPINION OF THE COURT

Rita M. Mella, S.

Introduction

These three identical applications were commenced by Salvatore A. Diliberto, Esq., as attorney-in-fact for three distributees of decedent John Holland, and seek to withdraw funds currently being held by the Office of the New York State Comptroller for the benefit of each of these distributees. Unlike the typical withdrawal proceeding in which entitlement to such funds must be proved (SCPA 2222 [2]), here, prior to the issuance of the decree settling the account of the administrator of *174decedent’s estate, the court made a determination as to who…