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Damien Bosco
Damien Bosco, Attorney
Category: Estate Law
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When a wrongful death occurs in a city hospital, how long

Customer Question

When a wrongful death occurs in a city hospital, how long does a court usually take to process an application to appoint an "administrator" for the estate of the deceased? And does the 90-day statute of limitation to file a notice of claim get tolled until
after an administrator has been appointed for the estate? How about the 2 year statute of limitation to file wrongful death lawsuit?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Damien Bosco replied 1 year ago.
Hello. NY attorney here. The process can take about two months and sometimes longer depending on locating heirs. However, if there an immediately need, an application can be made for temporary letters to the administrator. Subdivision (a) of section 608 of the Insurance Law permits timely filing of an affidavit of notice of claim in a death action within 90 days of the appointment of an administrator or executor. Hence, the time to file the affidavit has not yet begun to run until an administrator is appointed.. The time, however, cannot be prolonged indefinitely since an action for wrongful death must be commenced within two years after decedent's death (Decedent Estate Law, § 130; Norrington v. Fishangri-La, Inc., 1 A.D.2d 679) and not from the date of the appointment of a legal representative (Stutz v. Guardian Cab Corp., 273 App. Div. 4; Jones v.***** Holding Corp., 276 App. Div. 842, affd. 304 N.Y. 893)"