ESTATE OF ROBERTO OTERO, JR., Deceased — The administrator, one of the decedent's sons, seeks to remove the restrictions on his limited letters of administration so that he may receive and judicially account for the proceeds of a personal injury action.

The decedent allegedly sustained injuries on April 5, 2003 when he was struck while a motor vehicle as a pedestrian and died intestate on January 12, 2005, of unrelated causes. The decedent's distributees are the petitioner and a son who was served with process and defaulted. The New York State Department of Taxation and Finance consents to the application.

Counsel fees and disbursements are allowed in the sum requested. The sum of $5,025 is to be paid to the decedent in reimbursement of the decedent's funeral expenses. The sum of $5,000 is to be paid to the New York City Human Resources Administration/ DSS in payment of its claim for Medicaid and public assistance benefits furnished to the decedent. The net distributable proceeds are to be paid to the decedent's sons in equal shares.

Submit decree.

January 23, 2013