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ESTATE OF RICARDO TRINIDAD, Deceased

ESTATE OF RICARDO TRINIDAD, Deceased (13/1631/A) — The administrator, the decedent's daughter, seeks to lift the restrictions contained in her limited letters of administration so that so that she may receive and distribute the net proceeds of causes of action arising from the decedent's personal injuries and death.

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ESTATE OF RICARDO TRINIDAD, Deceased (13/1631/A) — The administrator, the decedent’s daughter, seeks to lift the restrictions contained in her limited letters of administration so that so that she may receive and distribute the net proceeds of causes of action arising from the decedent’s personal injuries and death.

The decedent sustained fatal injuries when he was struck by a vehicle as a pedestrian on November 30, 2012. The decedent’s distributees are three children, one of whom is an infant. The guardian ad litem appointed for the infant raised objections to the proposed allocation of the settlement proceeds and recommends the purchase of a structured annuity on behalf of the infant. Thereupon the petitioner and the other adult child, who were both over the age of 21 at the time of the decedent’s demise, submitted waivers and consent to the allocation proposed by the guardian ad litem. The New York State Department of Taxation and Finance conditionally consents to the application, provided the decedent’s outstanding tax lien is satisfied. Under the circumstances presented, including that the decedent sustained personal injuries, the lack of any debts that are not being satisfied herein and the amended application is in the best interest of the infant, the amended request to allocate the settlement proceeds equally to the personal injury and wrongful death causes of action is granted.

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