Preview
FILED: NEW YORK COUNTY CLERK 11/12/2019 11:28 AM INDEX NO. 150316/2017
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/12/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
------------ ---------------------X Index No.: 150316/2017E
SOLENNY SANCHEZ, as Parent and Natural Guardian of
H.D. and L.O.D., Infants,
Plaintiff(s), ATTORNEY'S
AFFIRMATION
-against-
MOHAMAD JAAFAR and ZAHRA JAAFAR,
Defendant(s).
----- --- -------------X
JAMES P. FITZGERALD, an attorney duly admitted to practice law in the State of New
York, affirms the following under penalty of perjury:
1. I am a member of The Fitzgerald Law Firm, P.C. attorneys of record for the
plaintiffs herein. I am familiar with the facts and circumstances of this matter.
2. H.D. is 13 years of age. She was born in the year 2006. A copy of H.D.'s birth
certificate is attached hereto as Exhibit L
3. L.O.D. is 14 years of age. He was born in the year 2005. A copy of L.O.D.'s
birth certificate is attached hereto as Exhibit 2.
4. On May 9, 2014, The Fitzgerald Law Firm, P.C. was retained by Solenny
Sanchez, mother and natural guardian of the infant plaintiffs, H.D. and L.O.D. to prosecute
claims for lead poisoning on behalf of her children, H.D. and L.O.D. and agreed that its
compeiisation would be all disbursements advanced plus the statutory share of the recovery
permitted by law. Copies of the Retainer Agreements between The Fitzgerald Law Firm, P.C.
à nd Ms. Sanchez are attached hereto as Exhibit 3. See Sanchez Aff ¶ 8
5. Pursuant to the terms of the Retainer Agreement, "Client(s) shall advance the
litigation."
costs of See Exhibit 3. Ms. Sanchez Lopez advised The Firm that she was not able
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to advance or finance disbursements without great financial hardship and requested The Firm to
arrange for financing of disbursements, specifically on a non-recourse basis.
6. On October 4, 2015, Ms. Sañchez signed an agreement with Cardinal Litigation
Resources, Inc. to provide non-recourse alternative litigation financing. A copy of the agreement
with Cardinal Litigation Resources, Inc. is attached hereto as Exhibit 4. A copy of the Cardinal
Litigation Resources, Inc. payoff letter is attached hereto as Exhibit 9.
7. Upon being retained, The Fitzgerald Law Firm, P.C. commenced an investigation
and requested and obtained medical records made in connection with the medical treatment
rendered to the client.
8. A retainer statement was filed with the Judicial Conference of the State of New
York and assigned Code No. 7224875 for H.D. and Code No. 7224872 for L.O.D.
9. This action was commenced by the filing of a Summons and Complaint against
defendants Mohamad Jaafar and Zahra Jaafar, in the Office of the Clerk of the Court, New York
County on January 10, 2017. The case was assigned Index Number 150316/2017E. A copy of
the Summons and Complaint was served upon defendants on January 28, 2017.
10. This case involves the negligence of defendants Mohamad Jaafar and Zahra Jaafar
in the ownership, operation, managemcat, maiWnve and repair of 326 Audubon Avenue, Apt.
25, New York, New York 10033 from June of 2005 until approximately August of 2007.
11. The Fitzgerald Law Firm, P.C. has rendered the services contained in Exhibit 5
attached hereto.
12. The Fitzgerald Law Firm, P.C. recommended to Solenny Sanchez that H.D.'s and
L.O.D.'s case against defendants Mohamad Jaafar and Zahra Jaafar be settled for a total of
$275,000.00 with an allocation of $137,500.00 to H.D. and an allocation of $137,500.00 to
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L.O.D. because, although we were fully prepared to trý the case, there was a possibility that a
jury would not accept the plaintiff's theory of causation. In light of the fair and reasonable
settlement offer from the settling defendants, and considering the causation issues, the risk of
continuing the litigation did not seem prudent or in the infant's best interests. Defendants
insurance information as provided in their Response to Plaintiff's Combined Demands, a copy of
which is attached hereto as Exhibit 6, are as follows: Technology Insurance Company under
policy number TPP-1002734-00, effective.February 2, 2007 through December 10, 2007; and
under policy number TPP-1002734-01, effective December 10, 2007 through December 10,
2008 affording coverage limits of $1,000,000 per occurrence and a $2,000,000 general
aggregate; defendants were further insured under an umbrella policy with a per occurrence and
aggregate limit $25,000,000 by the following: American International Specialty Lines and
Insurance Company under policy number 4943708033534 and Mr. Hawley Insurance Company
under policy number MCU0002094033534. Defendants were further insured under a
supplemental policy of commercial general liability issued by New York Marine and General
Insurance Co. effective December 10, 2007 to December 10, 2008 affording coverage limit of
$5,930,000 on any occurrence of all coverages combined irrespective of number of locations.
The case was settled on February 26, 2019 and a Settlement Order was filed in Court on May 14,
2019. A letter from defense counsel confirming the settlement is attached hereto as Exhibit 7.
A copy of the Settlement Order is attached hereto as Exhibit 8.
..
13. By the terms of its retainer agreement with the plaintiff, The Fitzgerald Law Firm,
P.C. is to receive the disbursements itadvanced, plus the statutory percentage permitted by law
for legal services rendered on behalf of the infant plaintiff subject to the approval of the Court.
14. Pursuant to the Master Agreement and The Firm's power of attorney, The Firm
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approved and Crediüãl Litigation Resources, Inc. advanced a total of $7,831.40, which amounted
to a pay-off of $19,435.68 including financing fees at the time of the settlement agreemeñt. On
April 8, 2019, The Firm paid Cardinal $19,435.68. Exhibit 9. The Firm did this for the benefit
of the client to stop monthly fees while the Infant's Compromise Order is processed.
15. We believe that the disbursements incurred by the firm, in the amount of
$26,623.29 particularly the monies expended consulting with experts, greatly eñhañced the
settlement value of the case.
16. We respectfully request that disbursements in the amount of $27,971.47 be paid in
addition to attorney's fees which is in accord with the agreement of the clients. The expenses
will be allocated as follows: $13,311.65 to H.D. and $13,311.64 to L.O.D. A listing of expenses
is attached hereto as Exhibit 9.
H.D.
17. The Fitzgerald Law Firm, P.C. requests attorney's fees in H.D.'s recovery against
defëñdants Mohamad Jaafar and Zahra Jaafar calculated as follows:
Total recovery............. $137,500.00
Less expenses...............$ 13,311.65
Net after expenses.........$124,188.35
Attorney's Fees: 1/3 of $124,188.35 = $41,396.12
Total Fees: $41.396.12
18. The firm respectfully requests a total of $54,707.77 in expenses and attorney's
fees in H.D.'s case calculated as follows:
Expenses..................$13,311.65
Attorney's Fees.........$41,396.12
Total.........................$54,707.77
19. The net sum available to H.D. will be $82,792.23.
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L.O.D.
20. The Fitzgerald Law Firm, P.C. requests attorney's fees in L.O.D.'s recovery
against defendants Mohamad Jaafar and Zahra Jaafar calculated as follows:
Total recovery............. $137,500.00
Less expenses...............$ 13,311.64
Net after expenses.........$124,188.36
Attorney's Fees: 1/3 of $124,188.36= $41,396.12
Total Fees: $41,396.12
21. The finn respectfully requests a total of $54,707.76 in expenses and attorney's
fees in L.O.D.'s case calculated as follows:
Expenses..................$13,311.64
Attorney's Fees.........$41,396.12
Total.........................$54,707.76
22. The net sum available to L.O.D. will be $82,792.24.
23. After settlement of the case, The Fitzgerald Law Firm, P.C. spoke with Ms.
phintiffs'
Sanchez to decide on the best method to safeguard the infant net funds. The
discussions concerned various types of accounts that might be used to best preserve and protect
infants'
the recoveries.
24. According to Ms. Sanchez, H.D. attends Oakridge Middle School in Naples,
8*
Florida. She is in the grade. H.D. is not in the Special Education program, but does attend an
afterschool enrichment program. She enjoys reading and math, but is having difficulties with
science. H.D. receives behavioral services through the David Lawrence Center and takes 72 mg
of Concentra and 3 mg of Intinuv for ADD.
25. After discussing allof the above, Ms. Sanchez determined that the best method
for distributing H.D.'s net settlement proceeds is as follows:
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a. $82,342.84 to be paid to Solenny Sanchez, as mother and natural
guardian of H.D. jointly with an officer of the bank to be named by the
Court, to be deposited in Solenny Sanchez's name, as mother and
natural guardian of H.D., an infant, to be held for H.D.'s sole benefit,
in an account paying the highest rate of interest available subject to
CPLR §1206 and §1210(d) and to the further order of this Court.
26. According to Ms. Sanchez, L.O.D. attends Gulf Coast High School in Naples,
9*
Florida. He is in the grade. L.O.D. is not in the Special Education program, but does attend
an afterschool enrichment program. He enjoys science, but is having difficulties with grammar.
L.O.D. receives behavioral services through the David Lawrence Center and takes 54 mg of
Concentra for ADD.
27. After discussing allof the above, Ms. Sanchez determined and we agree that the
best method for distributing L.O.D.'s net settlement proceeds is as follows:
a. $2,805.21 to the Florida Medicaid Casualty Recovery Program in full
satisfaction of its lien against L.O.D.'s settlement proceeds. A listing
of expenses is attached hereto as Exhibit 10; and
b. $79,537.64 to be paid to Solenny Sanchez, as mother and natural
guardian of L.O.D. jointly with an officer of the bank to be named by
the Court, to be deposited in Solenny Sanchez's name, as mother and
natural guardian of L.O.D., an infant, to be held for L.O.D.'s sole
benefit, in an account paying the highest rate of interest available
subject to CPLR §1206 and §1210(d) and to the further order of this
Court.
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28. By letter dated March 22, 2019, the New York City Department of Social
Services Human Resources Administration ("DSS") advised that itwill not assert a lien against
the proceeds of L.O.D.'s settlement. A copy of the non-assertion of lien letter is attached hereto
as Exhibit 11. We are still awaiting a response on behalf of H.D. We have requested the lien
information multiple times to no avail. We cannot continue to hold off on filing the Infant's
Compromise Order. It isa disservice to our client. Ms. Sanchez understands that if DSS holds a
lien against H.D.'s settlement proceeds, the lien or an agreed upon reduced amount will have to
be paid from H.D.'s settlement proceeds. A copy of the lien request is attached hereto as Exhibit
12.
29. By letter dated July 16, 2019, the Florida Medicaid Casualty Recovery Program
has advised our office that Florida Medicaid Casualty Recovery Program has not paid any claims
relating to H.D.'s lead poisoning and is therefore closing its file. A copy of the letter from the
Florida Medicaid Casualty Recovery Program is attached hereto as Exhibit 13.
30. I respectfully request that the Court give good consideration to the client's request
in paragraph 20 of Ms. Sanchez's affidavit.
plaintiffs'
31. We are not aware of any cognizable liens against the recovery other
than that set forth above.
32. All medical bills have been paid by Medicaid. See Sanchez Aff.¶ 212
33. Solenny Sanchez has waived any claim that she might have for the loss of
..
services of H.D. and L.O.D. See Sanchez Aff. ¶ 31
34. We have not become concerned in this application or the subject matter thereof,
or this settlement, neither directly or indirectly, at the instance of the defendants, their
representatives or attorneys nor are we to receive any compensation from the defendants, directly
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or indirectly and the only monies that will be received herein are the fees and disbursements to
be approved by order of this Court.
35. The Fitzgerald Law Firm, P.C. does not represent any other person asserting a
claim from the same occurrence, giving rise to the cause of action concerning this application.
36. No prior application for the within relief has been made to this or any other Court.
WHEREFORE, itis respectfully requested that this application be granted in its entirety.
Dated: Yonker , New York
, 2019
S P. FITZGERALD
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Preview
FILED: NEW YORK COUNTY CLERK 11/12/2019 11:28 AM INDEX NO. 150316/2017 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/12/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------ ---------------------X Index No.: 150316/2017E SOLENNY SANCHEZ, as Parent and Natural Guardian of H.D. and L.O.D., Infants, Plaintiff(s), ATTORNEY'S AFFIRMATION -against- MOHAMAD JAAFAR and ZAHRA JAAFAR, Defendant(s). ----- --- -------------X JAMES P. FITZGERALD, an attorney duly admitted to practice law in the State of New York, affirms the following under penalty of perjury: 1. I am a member of The Fitzgerald Law Firm, P.C. attorneys of record for the plaintiffs herein. I am familiar with the facts and circumstances of this matter. 2. H.D. is 13 years of age. She was born in the year 2006. A copy of H.D.'s birth certificate is attached hereto as Exhibit L 3. L.O.D. is 14 years of age. He was born in the year 2005. A copy of L.O.D.'s birth certificate is attached hereto as Exhibit 2. 4. On May 9, 2014, The Fitzgerald Law Firm, P.C. was retained by Solenny Sanchez, mother and natural guardian of the infant plaintiffs, H.D. and L.O.D. to prosecute claims for lead poisoning on behalf of her children, H.D. and L.O.D. and agreed that its compeiisation would be all disbursements advanced plus the statutory share of the recovery permitted by law. Copies of the Retainer Agreements between The Fitzgerald Law Firm, P.C. à nd Ms. Sanchez are attached hereto as Exhibit 3. See Sanchez Aff ¶ 8 5. Pursuant to the terms of the Retainer Agreement, "Client(s) shall advance the litigation." costs of See Exhibit 3. Ms. Sanchez Lopez advised The Firm that she was not able 1 of 8 FILED: NEW YORK COUNTY CLERK 11/12/2019 11:28 AM INDEX NO. 150316/2017 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/12/2019 to advance or finance disbursements without great financial hardship and requested The Firm to arrange for financing of disbursements, specifically on a non-recourse basis. 6. On October 4, 2015, Ms. Sañchez signed an agreement with Cardinal Litigation Resources, Inc. to provide non-recourse alternative litigation financing. A copy of the agreement with Cardinal Litigation Resources, Inc. is attached hereto as Exhibit 4. A copy of the Cardinal Litigation Resources, Inc. payoff letter is attached hereto as Exhibit 9. 7. Upon being retained, The Fitzgerald Law Firm, P.C. commenced an investigation and requested and obtained medical records made in connection with the medical treatment rendered to the client. 8. A retainer statement was filed with the Judicial Conference of the State of New York and assigned Code No. 7224875 for H.D. and Code No. 7224872 for L.O.D. 9. This action was commenced by the filing of a Summons and Complaint against defendants Mohamad Jaafar and Zahra Jaafar, in the Office of the Clerk of the Court, New York County on January 10, 2017. The case was assigned Index Number 150316/2017E. A copy of the Summons and Complaint was served upon defendants on January 28, 2017. 10. This case involves the negligence of defendants Mohamad Jaafar and Zahra Jaafar in the ownership, operation, managemcat, maiWnve and repair of 326 Audubon Avenue, Apt. 25, New York, New York 10033 from June of 2005 until approximately August of 2007. 11. The Fitzgerald Law Firm, P.C. has rendered the services contained in Exhibit 5 attached hereto. 12. The Fitzgerald Law Firm, P.C. recommended to Solenny Sanchez that H.D.'s and L.O.D.'s case against defendants Mohamad Jaafar and Zahra Jaafar be settled for a total of $275,000.00 with an allocation of $137,500.00 to H.D. and an allocation of $137,500.00 to 2 of 8 FILED: NEW YORK COUNTY CLERK 11/12/2019 11:28 AM INDEX NO. 150316/2017 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/12/2019 L.O.D. because, although we were fully prepared to trý the case, there was a possibility that a jury would not accept the plaintiff's theory of causation. In light of the fair and reasonable settlement offer from the settling defendants, and considering the causation issues, the risk of continuing the litigation did not seem prudent or in the infant's best interests. Defendants insurance information as provided in their Response to Plaintiff's Combined Demands, a copy of which is attached hereto as Exhibit 6, are as follows: Technology Insurance Company under policy number TPP-1002734-00, effective.February 2, 2007 through December 10, 2007; and under policy number TPP-1002734-01, effective December 10, 2007 through December 10, 2008 affording coverage limits of $1,000,000 per occurrence and a $2,000,000 general aggregate; defendants were further insured under an umbrella policy with a per occurrence and aggregate limit $25,000,000 by the following: American International Specialty Lines and Insurance Company under policy number 4943708033534 and Mr. Hawley Insurance Company under policy number MCU0002094033534. Defendants were further insured under a supplemental policy of commercial general liability issued by New York Marine and General Insurance Co. effective December 10, 2007 to December 10, 2008 affording coverage limit of $5,930,000 on any occurrence of all coverages combined irrespective of number of locations. The case was settled on February 26, 2019 and a Settlement Order was filed in Court on May 14, 2019. A letter from defense counsel confirming the settlement is attached hereto as Exhibit 7. A copy of the Settlement Order is attached hereto as Exhibit 8. .. 13. By the terms of its retainer agreement with the plaintiff, The Fitzgerald Law Firm, P.C. is to receive the disbursements itadvanced, plus the statutory percentage permitted by law for legal services rendered on behalf of the infant plaintiff subject to the approval of the Court. 14. Pursuant to the Master Agreement and The Firm's power of attorney, The Firm 3 of 8 FILED: NEW YORK COUNTY CLERK 11/12/2019 11:28 AM INDEX NO. 150316/2017 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/12/2019 approved and Crediüãl Litigation Resources, Inc. advanced a total of $7,831.40, which amounted to a pay-off of $19,435.68 including financing fees at the time of the settlement agreemeñt. On April 8, 2019, The Firm paid Cardinal $19,435.68. Exhibit 9. The Firm did this for the benefit of the client to stop monthly fees while the Infant's Compromise Order is processed. 15. We believe that the disbursements incurred by the firm, in the amount of $26,623.29 particularly the monies expended consulting with experts, greatly eñhañced the settlement value of the case. 16. We respectfully request that disbursements in the amount of $27,971.47 be paid in addition to attorney's fees which is in accord with the agreement of the clients. The expenses will be allocated as follows: $13,311.65 to H.D. and $13,311.64 to L.O.D. A listing of expenses is attached hereto as Exhibit 9. H.D. 17. The Fitzgerald Law Firm, P.C. requests attorney's fees in H.D.'s recovery against defëñdants Mohamad Jaafar and Zahra Jaafar calculated as follows: Total recovery............. $137,500.00 Less expenses...............$ 13,311.65 Net after expenses.........$124,188.35 Attorney's Fees: 1/3 of $124,188.35 = $41,396.12 Total Fees: $41.396.12 18. The firm respectfully requests a total of $54,707.77 in expenses and attorney's fees in H.D.'s case calculated as follows: Expenses..................$13,311.65 Attorney's Fees.........$41,396.12 Total.........................$54,707.77 19. The net sum available to H.D. will be $82,792.23. 4 of 8 FILED: NEW YORK COUNTY CLERK 11/12/2019 11:28 AM INDEX NO. 150316/2017 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/12/2019 L.O.D. 20. The Fitzgerald Law Firm, P.C. requests attorney's fees in L.O.D.'s recovery against defendants Mohamad Jaafar and Zahra Jaafar calculated as follows: Total recovery............. $137,500.00 Less expenses...............$ 13,311.64 Net after expenses.........$124,188.36 Attorney's Fees: 1/3 of $124,188.36= $41,396.12 Total Fees: $41,396.12 21. The finn respectfully requests a total of $54,707.76 in expenses and attorney's fees in L.O.D.'s case calculated as follows: Expenses..................$13,311.64 Attorney's Fees.........$41,396.12 Total.........................$54,707.76 22. The net sum available to L.O.D. will be $82,792.24. 23. After settlement of the case, The Fitzgerald Law Firm, P.C. spoke with Ms. phintiffs' Sanchez to decide on the best method to safeguard the infant net funds. The discussions concerned various types of accounts that might be used to best preserve and protect infants' the recoveries. 24. According to Ms. Sanchez, H.D. attends Oakridge Middle School in Naples, 8* Florida. She is in the grade. H.D. is not in the Special Education program, but does attend an afterschool enrichment program. She enjoys reading and math, but is having difficulties with science. H.D. receives behavioral services through the David Lawrence Center and takes 72 mg of Concentra and 3 mg of Intinuv for ADD. 25. After discussing allof the above, Ms. Sanchez determined that the best method for distributing H.D.'s net settlement proceeds is as follows: 5 of 8 FILED: NEW YORK COUNTY CLERK 11/12/2019 11:28 AM INDEX NO. 150316/2017 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/12/2019 a. $82,342.84 to be paid to Solenny Sanchez, as mother and natural guardian of H.D. jointly with an officer of the bank to be named by the Court, to be deposited in Solenny Sanchez's name, as mother and natural guardian of H.D., an infant, to be held for H.D.'s sole benefit, in an account paying the highest rate of interest available subject to CPLR §1206 and §1210(d) and to the further order of this Court. 26. According to Ms. Sanchez, L.O.D. attends Gulf Coast High School in Naples, 9* Florida. He is in the grade. L.O.D. is not in the Special Education program, but does attend an afterschool enrichment program. He enjoys science, but is having difficulties with grammar. L.O.D. receives behavioral services through the David Lawrence Center and takes 54 mg of Concentra for ADD. 27. After discussing allof the above, Ms. Sanchez determined and we agree that the best method for distributing L.O.D.'s net settlement proceeds is as follows: a. $2,805.21 to the Florida Medicaid Casualty Recovery Program in full satisfaction of its lien against L.O.D.'s settlement proceeds. A listing of expenses is attached hereto as Exhibit 10; and b. $79,537.64 to be paid to Solenny Sanchez, as mother and natural guardian of L.O.D. jointly with an officer of the bank to be named by the Court, to be deposited in Solenny Sanchez's name, as mother and natural guardian of L.O.D., an infant, to be held for L.O.D.'s sole benefit, in an account paying the highest rate of interest available subject to CPLR §1206 and §1210(d) and to the further order of this Court. 6 of 8 FILED: NEW YORK COUNTY CLERK 11/12/2019 11:28 AM INDEX NO. 150316/2017 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/12/2019 28. By letter dated March 22, 2019, the New York City Department of Social Services Human Resources Administration ("DSS") advised that itwill not assert a lien against the proceeds of L.O.D.'s settlement. A copy of the non-assertion of lien letter is attached hereto as Exhibit 11. We are still awaiting a response on behalf of H.D. We have requested the lien information multiple times to no avail. We cannot continue to hold off on filing the Infant's Compromise Order. It isa disservice to our client. Ms. Sanchez understands that if DSS holds a lien against H.D.'s settlement proceeds, the lien or an agreed upon reduced amount will have to be paid from H.D.'s settlement proceeds. A copy of the lien request is attached hereto as Exhibit 12. 29. By letter dated July 16, 2019, the Florida Medicaid Casualty Recovery Program has advised our office that Florida Medicaid Casualty Recovery Program has not paid any claims relating to H.D.'s lead poisoning and is therefore closing its file. A copy of the letter from the Florida Medicaid Casualty Recovery Program is attached hereto as Exhibit 13. 30. I respectfully request that the Court give good consideration to the client's request in paragraph 20 of Ms. Sanchez's affidavit. plaintiffs' 31. We are not aware of any cognizable liens against the recovery other than that set forth above. 32. All medical bills have been paid by Medicaid. See Sanchez Aff.¶ 212 33. Solenny Sanchez has waived any claim that she might have for the loss of .. services of H.D. and L.O.D. See Sanchez Aff. ¶ 31 34. We have not become concerned in this application or the subject matter thereof, or this settlement, neither directly or indirectly, at the instance of the defendants, their representatives or attorneys nor are we to receive any compensation from the defendants, directly 7 of 8 FILED: NEW YORK COUNTY CLERK 11/12/2019 11:28 AM INDEX NO. 150316/2017 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/12/2019 or indirectly and the only monies that will be received herein are the fees and disbursements to be approved by order of this Court. 35. The Fitzgerald Law Firm, P.C. does not represent any other person asserting a claim from the same occurrence, giving rise to the cause of action concerning this application. 36. No prior application for the within relief has been made to this or any other Court. WHEREFORE, itis respectfully requested that this application be granted in its entirety. Dated: Yonker , New York , 2019 S P. FITZGERALD 8 of 8