In re the Accounting of Guilianelli

Richard J. Sherman,

Acting Surrogate. TMs is a proceeding by Ernest Guilianelli, a father, to compel Mary Kiley Guilianelli, a mother, the administratrix, to account for the amount of damages recovered for a wrongful death of a minor cMld, and for a decree directing the distribution to him of Ms share of the proceeds of said action pursuant to section 133 of the Decedent Estate Law.

Section 133 of the Decedent Estate Law provides:

‘ ‘ The damages recovered in an action, as prescribed in tMs article, or obtained through settlement without action, are exclusively for the benefit of the decedent’s…