In re the Estate of Rodriguez

*1050OPINION OF THE COURT

Lee Holzman, J.

This is a proceeding by the administratrix of the decedent’s estate, one of his seven children, to compromise and judicially account for a wrongful death recovery. The novel question presented is whether, in a proceeding to distribute the proceeds of a wrongful death action, the provisions of SCPA 2225 may be utilized to reach a determination that the decedent’s daughter, Grissell Rodriguez, whose whereabouts are unknown, predeceased him without issue. The reason that there is a question as to the applicability of SCPA 2225 is that damages awarded in a…