On September 14, 2023 a
Exhibit,Appendix
was filed
involving a dispute between
Delmar Burkholder
In The Matter Of The Application Of,
and
for Special Proceedings - Other (Infant Settlement)
in the District Court of Yates County.
Preview
FILED: YATES COUNTY CLERK 11/30/2023 09:49 AM INDEX NO. 2023-5239
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 11/30/2023
EXHIBIT A
FILED: YATES COUNTY CLERK 11/30/2023 09:49 AM INDEX NO. 2023-5239
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 11/30/2023
1
1 SUPREME COURT OF THE STATE OF NEW YORK
2 COUNTY OF YATES
3 -------------------------------------x
4 In the Matter of the Application of
5 DELMAR BURKHOLDER,
6 Petitioner,
7 Index No. 2023-5239
8 for leave to Settle the Claim of D.B., HEARING
9 an infant.
10 -------------------------------------x
11 Yates County Courthouse
Penn Yan, New York
12 November 28, 2023
13
14 B E F O R E: HON. JASON L. COOK
Supreme Court Justice
15
16
17
18 A P P E A R A N C E S:
19 For the Petitioner: DELMAR BURKHOLDER, Pro se
20 For State Farm Insurance: JOHN R. CONDREN, ESQ.
21 Also Present: DB
22
23
24 Reported Stenographically By:
25 BRENDA K. GRAVES, RPR, Senior Court Reporter.
FILED: YATES COUNTY CLERK 11/30/2023 09:49 AM INDEX NO. 2023-5239
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 11/30/2023
2
Matter of Delmar Burkholder
1 THE CLERK: Case number two on the
2 calendar, Delmar Burkholder.
3 THE COURT: All right. As
4 referenced, this is the second case,
5 pertaining to, on the calendar number two,
6 application of Delmar Burkholder as petitioner
7 to settle the claim of DB, an infant.
8 Counsel wish to state your
9 appearance?
10 MR. CONDREN: Good afternoon, Your
11 Honor. My name is John Condren. I represent
12 non-parties, State Farm Insurance Company as
13 well as its insured, Shawn Lanphear. And I
14 filed the petition.
15 With me is Mr. Burkholder, as well as
16 his son DB.
17 THE COURT: All right. The Court
18 has reviewed your attorney affirmation in the
19 matter. Do you wish to be heard any further?
20 MR. CONDREN: No, Your Honor. Unless
21 the Court would like to hear some testimony
22 from Mr. Burkholder, I think we're prepared.
23 THE COURT: Thank you.
24 You are Delmar Burkholder. Is that
25 correct?
FILED: YATES COUNTY CLERK 11/30/2023 09:49 AM INDEX NO. 2023-5239
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 11/30/2023
3
Matter of Delmar Burkholder
1 MR. BURKHOLDER: Yes.
2 THE COURT: All right. And you are
3 the father of the young man right here, your
4 son?
5 MR. BURKHOLDER: Correct.
6 THE COURT: And his initials are DB?
7 MR. BURKHOLDER: Yes.
8 THE COURT: And he lives with you,
9 with your wife and other children here in
10 Penn Yan on Himrod Road?
11 MR. BURKHOLDER: Yes.
12 THE COURT: And have you discussed
13 this with -- the settlement of this matter
14 with Attorney Condren here today?
15 MR. BURKHOLDER: Yes, I have.
16 THE COURT: And are you satisfied
17 this is an appropriate resolution given what
18 happened and how your son is now?
19 MR. BURKHOLDER: Yes, I am.
20 THE COURT: And you are clearly
21 representing yourself. You don't have an
22 attorney in the case. Correct?
23 MR. BURKHOLDER: No.
24 THE COURT: That's correct?
25 MR. BURKHOLDER: Correct.
FILED: YATES COUNTY CLERK 11/30/2023 09:49 AM INDEX NO. 2023-5239
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 11/30/2023
4
Matter of Delmar Burkholder
1 THE COURT: Okay. All right.
2 Good afternoon, young man. Good
3 afternoon.
4 DB: Good afternoon.
5 THE COURT: Thank you for coming here
6 today. This case is all about you. So thank
7 you for coming.
8 How are you -- are you able to help
9 your dad on the farm and feeding animals?
10 DB: (Nods head).
11 THE COURT: We need you to speak for
12 us. All right?
13 DB: Yes.
14 THE COURT: All right. And do you go
15 to school with your brothers and sisters?
16 DB: Yes.
17 THE COURT: And can you move your arm
18 and your feet and everything all right now?
19 DB: Yes.
20 THE COURT: All right. And can you
21 ride a bike and feed the animals and do all of
22 those things?
23 DB: Yes.
24 THE COURT: Have you recovered from
25 this accident?
FILED: YATES COUNTY CLERK 11/30/2023 09:49 AM INDEX NO. 2023-5239
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 11/30/2023
5
Matter of Delmar Burkholder
1 DB: Yes.
2 THE COURT: All right. And do you
3 still ride your bike when you go places?
4 DB: Yes.
5 THE COURT: All right. Well,
6 thank you for coming here today. The
7 Court appreciates the opportunity to talk
8 to you.
9 DB: Okay.
10 THE COURT: All right. The Court has
11 reviewed -- Mr. --
anything further, Attorney
12 Condren?
13 MR. CONDREN: No, Your Honor.
14 THE COURT: -- this is an
Underlying
15 infant settlement compromise. The procedure
16 is set forth fully in CPLR 1208.
17 This matter involved the infant being
18 struck by a car while riding his bicycle. The
19 infant sustained various injuries, including a
20 skull fracture, a fracture of his collarbone,
21 a fracture of his left foot. The infant is
22 10 years old.
23 All parties are -- Mr. Burkholder is
24 proceeding pro se. The insurance company
25 involved has prepared the settlement
FILED: YATES COUNTY CLERK 11/30/2023 09:49 AM INDEX NO. 2023-5239
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 11/30/2023
6
Matter of Delmar Burkholder
1 documents, which are permitted under the
2 statute.
3 The medical records have been filed,
4 as required. The medical records corroborate
5 the Court's observation of the young man
6 here today. He has recovered well. His
7 neurological status is stable. He is
8 participating in regular activities in his
9 life.
10 The Court does find that the
11 settlement appears to be fair and reasonable.
12 And the settlement amount is $80,000. There
13 will be no attorneys' fees or expenses. The
14 application is granted.
15 Attorney Condren, please submit a
16 proposed order within seven days.
17 MR. CONDREN: Thank you, Judge.
18 Would you need a copy of the transcript, or
19 not?
20 THE COURT: Yes. That would be
21 helpful.
22 MR. CONDREN: Thank you.
23 THE COURT: The Court will give
24 you an opportunity to speak to the court
25 reporter.
FILED: YATES COUNTY CLERK 11/30/2023 09:49 AM INDEX NO. 2023-5239
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 11/30/2023
7
Matter of Delmar Burkholder
1 Thank you for your appearance,
2 Mr. Burkholder.
3 MR. BURKHOLDER: Thank you,
4 Judge.
5 THE COURT: Good luck, young man.
6 Thank you for being here. Thank you. You are
7 free to go.
8 MR. CONDREN: Thanks, Judge.
9 * * * * *
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FILED: YATES COUNTY CLERK 11/30/2023 09:49 AM INDEX NO. 2023-5239
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 11/30/2023
8
Matter of Delmar Burkholder
1
2
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4
5
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7 C E R T I F I C A T E
8
9 This is to certify that I am one of the
10 Official Stenographic Court Reporters of the Supreme
11 Court, Seventh Judicial District; that I attended
12 and reported the above-entitled proceedings; that I
13 have compared the foregoing with my original minutes
14 taken therein and that it is a true and correct
15 transcript of the proceedings therein.
16
17
18
19 BRENDA K. GRAVES, RPR
20 Senior Court Reporter
21
22
23
24
25
Document Filed Date
November 30, 2023
Case Filing Date
September 14, 2023
Category
Special Proceedings - Other (Infant Settlement)
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Preview
FILED: YATES COUNTY CLERK 11/30/2023 09:49 AM INDEX NO. 2023-5239 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 11/30/2023 EXHIBIT A FILED: YATES COUNTY CLERK 11/30/2023 09:49 AM INDEX NO. 2023-5239 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 11/30/2023 1 1 SUPREME COURT OF THE STATE OF NEW YORK 2 COUNTY OF YATES 3 -------------------------------------x 4 In the Matter of the Application of 5 DELMAR BURKHOLDER, 6 Petitioner, 7 Index No. 2023-5239 8 for leave to Settle the Claim of D.B., HEARING 9 an infant. 10 -------------------------------------x 11 Yates County Courthouse Penn Yan, New York 12 November 28, 2023 13 14 B E F O R E: HON. JASON L. COOK Supreme Court Justice 15 16 17 18 A P P E A R A N C E S: 19 For the Petitioner: DELMAR BURKHOLDER, Pro se 20 For State Farm Insurance: JOHN R. CONDREN, ESQ. 21 Also Present: DB 22 23 24 Reported Stenographically By: 25 BRENDA K. GRAVES, RPR, Senior Court Reporter. FILED: YATES COUNTY CLERK 11/30/2023 09:49 AM INDEX NO. 2023-5239 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 11/30/2023 2 Matter of Delmar Burkholder 1 THE CLERK: Case number two on the 2 calendar, Delmar Burkholder. 3 THE COURT: All right. As 4 referenced, this is the second case, 5 pertaining to, on the calendar number two, 6 application of Delmar Burkholder as petitioner 7 to settle the claim of DB, an infant. 8 Counsel wish to state your 9 appearance? 10 MR. CONDREN: Good afternoon, Your 11 Honor. My name is John Condren. I represent 12 non-parties, State Farm Insurance Company as 13 well as its insured, Shawn Lanphear. And I 14 filed the petition. 15 With me is Mr. Burkholder, as well as 16 his son DB. 17 THE COURT: All right. The Court 18 has reviewed your attorney affirmation in the 19 matter. Do you wish to be heard any further? 20 MR. CONDREN: No, Your Honor. Unless 21 the Court would like to hear some testimony 22 from Mr. Burkholder, I think we're prepared. 23 THE COURT: Thank you. 24 You are Delmar Burkholder. Is that 25 correct? FILED: YATES COUNTY CLERK 11/30/2023 09:49 AM INDEX NO. 2023-5239 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 11/30/2023 3 Matter of Delmar Burkholder 1 MR. BURKHOLDER: Yes. 2 THE COURT: All right. And you are 3 the father of the young man right here, your 4 son? 5 MR. BURKHOLDER: Correct. 6 THE COURT: And his initials are DB? 7 MR. BURKHOLDER: Yes. 8 THE COURT: And he lives with you, 9 with your wife and other children here in 10 Penn Yan on Himrod Road? 11 MR. BURKHOLDER: Yes. 12 THE COURT: And have you discussed 13 this with -- the settlement of this matter 14 with Attorney Condren here today? 15 MR. BURKHOLDER: Yes, I have. 16 THE COURT: And are you satisfied 17 this is an appropriate resolution given what 18 happened and how your son is now? 19 MR. BURKHOLDER: Yes, I am. 20 THE COURT: And you are clearly 21 representing yourself. You don't have an 22 attorney in the case. Correct? 23 MR. BURKHOLDER: No. 24 THE COURT: That's correct? 25 MR. BURKHOLDER: Correct. FILED: YATES COUNTY CLERK 11/30/2023 09:49 AM INDEX NO. 2023-5239 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 11/30/2023 4 Matter of Delmar Burkholder 1 THE COURT: Okay. All right. 2 Good afternoon, young man. Good 3 afternoon. 4 DB: Good afternoon. 5 THE COURT: Thank you for coming here 6 today. This case is all about you. So thank 7 you for coming. 8 How are you -- are you able to help 9 your dad on the farm and feeding animals? 10 DB: (Nods head). 11 THE COURT: We need you to speak for 12 us. All right? 13 DB: Yes. 14 THE COURT: All right. And do you go 15 to school with your brothers and sisters? 16 DB: Yes. 17 THE COURT: And can you move your arm 18 and your feet and everything all right now? 19 DB: Yes. 20 THE COURT: All right. And can you 21 ride a bike and feed the animals and do all of 22 those things? 23 DB: Yes. 24 THE COURT: Have you recovered from 25 this accident? FILED: YATES COUNTY CLERK 11/30/2023 09:49 AM INDEX NO. 2023-5239 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 11/30/2023 5 Matter of Delmar Burkholder 1 DB: Yes. 2 THE COURT: All right. And do you 3 still ride your bike when you go places? 4 DB: Yes. 5 THE COURT: All right. Well, 6 thank you for coming here today. The 7 Court appreciates the opportunity to talk 8 to you. 9 DB: Okay. 10 THE COURT: All right. The Court has 11 reviewed -- Mr. -- anything further, Attorney 12 Condren? 13 MR. CONDREN: No, Your Honor. 14 THE COURT: -- this is an Underlying 15 infant settlement compromise. The procedure 16 is set forth fully in CPLR 1208. 17 This matter involved the infant being 18 struck by a car while riding his bicycle. The 19 infant sustained various injuries, including a 20 skull fracture, a fracture of his collarbone, 21 a fracture of his left foot. The infant is 22 10 years old. 23 All parties are -- Mr. Burkholder is 24 proceeding pro se. The insurance company 25 involved has prepared the settlement FILED: YATES COUNTY CLERK 11/30/2023 09:49 AM INDEX NO. 2023-5239 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 11/30/2023 6 Matter of Delmar Burkholder 1 documents, which are permitted under the 2 statute. 3 The medical records have been filed, 4 as required. The medical records corroborate 5 the Court's observation of the young man 6 here today. He has recovered well. His 7 neurological status is stable. He is 8 participating in regular activities in his 9 life. 10 The Court does find that the 11 settlement appears to be fair and reasonable. 12 And the settlement amount is $80,000. There 13 will be no attorneys' fees or expenses. The 14 application is granted. 15 Attorney Condren, please submit a 16 proposed order within seven days. 17 MR. CONDREN: Thank you, Judge. 18 Would you need a copy of the transcript, or 19 not? 20 THE COURT: Yes. That would be 21 helpful. 22 MR. CONDREN: Thank you. 23 THE COURT: The Court will give 24 you an opportunity to speak to the court 25 reporter. FILED: YATES COUNTY CLERK 11/30/2023 09:49 AM INDEX NO. 2023-5239 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 11/30/2023 7 Matter of Delmar Burkholder 1 Thank you for your appearance, 2 Mr. Burkholder. 3 MR. BURKHOLDER: Thank you, 4 Judge. 5 THE COURT: Good luck, young man. 6 Thank you for being here. Thank you. You are 7 free to go. 8 MR. CONDREN: Thanks, Judge. 9 * * * * * 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 FILED: YATES COUNTY CLERK 11/30/2023 09:49 AM INDEX NO. 2023-5239 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 11/30/2023 8 Matter of Delmar Burkholder 1 2 3 4 5 6 7 C E R T I F I C A T E 8 9 This is to certify that I am one of the 10 Official Stenographic Court Reporters of the Supreme 11 Court, Seventh Judicial District; that I attended 12 and reported the above-entitled proceedings; that I 13 have compared the foregoing with my original minutes 14 taken therein and that it is a true and correct 15 transcript of the proceedings therein. 16 17 18 19 BRENDA K. GRAVES, RPR 20 Senior Court Reporter 21 22 23 24 25