Preview
INDEX
FILED: ST. LAWRENCE COUNTY CLERK 03/25/2022 03:03 PM NO. EFCV-2016-0149019
NYSCEF DOC. NO. 15
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SUPREME COURT: STATE OF NEW YORK il".u-F, ..^ {Ue 9't\c',e o€G.,G-t
COUNTY OF ST. TAWRENCE
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ANDREW BELAIR as ADMINISTRATOR OF THE
ESTATE OF ASHLEY McDONALD, ORDER
Plainciff, i{c/- ?ot< - c,(.1?orci
Index No: re+#I-499I9-
VS IAS No. : 4 4 -1-2017 -0108
MEGANM, PHELIX,
Defendant.
X
MEGANM. PHELIX,
DefendanVThird-Parry Plaintiff ,
vs
VINO VIDI VICL L.L.C.,
Thir&Party Defendant.
x
Plainriff, Andrew Belair, as Administrator of the Estate of Ashley McDonatt'
having made a request to the Courc for an Order allowing him to settle and discontinue
a1I claims against defendant, Megan M. Phelix, and third-party defendanr, Vino Vidi Vici,
LLC, in the above captioned action, pursuant to the Estates, Powers and Trusts Law
section 5-4.6, and rhe Court, upon consideration of the affirmation Thomas C. yacco,
daced February 16,2022, together with all exhibits annexed rhereto, rhe affidavit of
Andrew Belair, sworn ro on February i6, 2022, and the plaintiff, defendanc and third-
party defendant havilg agreed to a settlement on December 2g, 2021, and the court
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1 of 4
INDEX
FILED: ST. LAWRENCE COUNTY CLERK 03/25/2022 03:03 PM NO. EFCV-2016-0149019
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 03/25/2022
having heard no objection to the proposed settlement of the above action as agreed to by
the parties and their counsel in the total amount ofOne Hundred Fifcy Thousand and
*
00/100 Dollars ($I50,000.00)%nd after due deliberation and considerarion, it is hereby:
ORDERED, that the plaintiff, Andrew Belair, as the Administrator of the Estate of
Ashley McDonald, is granted the auchority to setde and discontinue all claims against
the defendant, Megan M. Phelix for the sum of $75,000.00; and it is further
ORDERED, that the plaintiff, Andrew Belair, as the Administrator of the Estate of
Ashley McDonald, is granted the authority to setde and discontinue all claims against
the third-party defendant, Vino Vidi Vici, LLC for the sum of $75,000.00; and it is further
ORDERED, that the actorneys' fees are fixed and approved in the sum of
$50,000.00 and shall be paid pursuant to the November 8, 2018 Retainer Agreement; and
it is further
ORDERED, that the total disbursements incurred as of February 12,2022by
O'Connor & Partners, PLLC, in che sum of $4,002.08, are hereby approved as being
reasonable and necessarlly incurred in the furrherance of the prosecution of the plaintiff's
claims; and it is further
ORDERED, thac the sum of $54,002.08, representing attorneys' fees and
disbursements, as set forth above, shall not be disbursed until O'Connor 6g Partners,
PLLC has submitted proof to this Court that a petirion has been filed in Surrogare's
Court, Ciinton Counry, for allocation and distribucion of the remainder of the senlemenr
proceeds; and it is further
*ord {f.-6*.\ \c.c:uq cece:sat o-<\ S\ed cog'es oFc' Q\\'r€ro*^ -
Signed this7f,lay of (r 2 anto New York
Hon. Mary M. Far J S
SUPREME CO JUSTI
4 of 4
Preview
INDEX FILED: ST. LAWRENCE COUNTY CLERK 03/25/2022 03:03 PM NO. EFCV-2016-0149019 NYSCEF DOC. NO. 15 AA o 1e,-,- "F {t.. aq'':', RECEIVED NYSCEF: 03/25/2022 (e.r\ o€$^a srr-\e o€ /le*: {c'{' f^[ ,.^ q*d Gr iu. {&".*\ 'f {d. [,.:re.ice. o\ {!'a G:^r'\UGr-'s4- SUPREME COURT: STATE OF NEW YORK il".u-F, ..^ {Ue 9't\c',e o€G.,G-t COUNTY OF ST. TAWRENCE lre.,s {err< $.,? zsr- d.1( cf x ",* JtlorcJ* -V$zZ. ANDREW BELAIR as ADMINISTRATOR OF THE ESTATE OF ASHLEY McDONALD, ORDER Plainciff, i{c/- ?ot< - c,(.1?orci Index No: re+#I-499I9- VS IAS No. : 4 4 -1-2017 -0108 MEGANM, PHELIX, Defendant. X MEGANM. PHELIX, DefendanVThird-Parry Plaintiff , vs VINO VIDI VICL L.L.C., Thir&Party Defendant. x Plainriff, Andrew Belair, as Administrator of the Estate of Ashley McDonatt' having made a request to the Courc for an Order allowing him to settle and discontinue a1I claims against defendant, Megan M. Phelix, and third-party defendanr, Vino Vidi Vici, LLC, in the above captioned action, pursuant to the Estates, Powers and Trusts Law section 5-4.6, and rhe Court, upon consideration of the affirmation Thomas C. yacco, daced February 16,2022, together with all exhibits annexed rhereto, rhe affidavit of Andrew Belair, sworn ro on February i6, 2022, and the plaintiff, defendanc and third- party defendant havilg agreed to a settlement on December 2g, 2021, and the court * S"e G.\:$c"-\e s€ 496r.,..,..-{,^^t,-+ crtr AA,,,-l ,tls\t"-{*f o€ \(.e- S*rro3-\ei Cq.r\ e€Ct*-\r,.^ G*\ A.-\eA 3,r, e to, ZstQ', LPtsr-E€D.c. pb. ,./) l 1 of 4 INDEX FILED: ST. LAWRENCE COUNTY CLERK 03/25/2022 03:03 PM NO. EFCV-2016-0149019 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 03/25/2022 having heard no objection to the proposed settlement of the above action as agreed to by the parties and their counsel in the total amount ofOne Hundred Fifcy Thousand and * 00/100 Dollars ($I50,000.00)%nd after due deliberation and considerarion, it is hereby: ORDERED, that the plaintiff, Andrew Belair, as the Administrator of the Estate of Ashley McDonald, is granted the auchority to setde and discontinue all claims against the defendant, Megan M. Phelix for the sum of $75,000.00; and it is further ORDERED, that the plaintiff, Andrew Belair, as the Administrator of the Estate of Ashley McDonald, is granted the authority to setde and discontinue all claims against the third-party defendant, Vino Vidi Vici, LLC for the sum of $75,000.00; and it is further ORDERED, that the actorneys' fees are fixed and approved in the sum of $50,000.00 and shall be paid pursuant to the November 8, 2018 Retainer Agreement; and it is further ORDERED, that the total disbursements incurred as of February 12,2022by O'Connor & Partners, PLLC, in che sum of $4,002.08, are hereby approved as being reasonable and necessarlly incurred in the furrherance of the prosecution of the plaintiff's claims; and it is further ORDERED, thac the sum of $54,002.08, representing attorneys' fees and disbursements, as set forth above, shall not be disbursed until O'Connor 6g Partners, PLLC has submitted proof to this Court that a petirion has been filed in Surrogare's Court, Ciinton Counry, for allocation and distribucion of the remainder of the senlemenr proceeds; and it is further *ord {f.-6*.\ \c.c:uq cece:sat o-<\ S\ed cog'es oFc' Q\\'r€ro*^ - Signed this7f,lay of (r 2 anto New York Hon. Mary M. Far J S SUPREME CO JUSTI 4 of 4