In re the Estate of Dashew

OPINION OF THE COURT

Bertram R. Gelfand, J.

This is a motion seeking the withdrawal of funds deposited with the Finance Administrator of the City of New York for the benefit of Daniel Wincor, a person whose whereabouts are unknown. The deposit was made pursuant to a decree entered April 27, 1979, judicially settling the account of the administratrix d. b. n. of this estate. Movant is the former wife of Daniel Wincor. Her claim to these funds is based upon a judgment she obtained against her former husband in the State of Florida, on his default. A threshold issue is presented as to whether she…