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Estate of Margarita Mercado, deceased

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The administrator, one of the decedent’s daughters, seeks to remove the restrictions on her limited letters of administration so that she may receive and judicially account for the proceeds of a personal injury cause of action.

The decedent sustained injuries when she tripped and fell at a bus stop on March 3, 2002 and died intestate on September 25, 2009, of unrelated causes. In addition to the petitioner, the decedent’s distributees are four other daughters and two grandsons. The other distributees and the New York State Department of Taxation and Finance consent to the relief requested. The settling defendant paid a claim by MSPRC/Medicare for Medicare benefits furnished to the decedent in the sum of $368.44, which was deducted from the settlement proceeds.

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