Preview
: INDEX NO. 20555/2013E
NYS€EF DOC. NO. 22 RECEIVED NYSCEF: 03/26/2014
” . .
Ai
. aoN ‘
As an IAS Term of the
|
j Supreme Court of the State of New
York, County of Bronx, at the
located at 851 Grand
HON.D OUGLAS E. MeKEON
Courthouse
Concourse, Bronx, New York, on the
Adm inistrative Judge 18 day of Pack 201
)
SUPREME COURT OF THE STATE OF NEW YORK. ) R PURSUANT
COUNTY OF BRONX ) ORDE
oe nnn ene nee ee nnn amnmmenn nnannn ) TO EPTL 5-4.6
JASMIN RIVERA, individually and as co-administrator )
of the Estate of Juan_Vargas, and ROBERT VARGAS, ) Index #: 20555/2013E
individually and as co-administrator of the Estate of Juan )
Vargas, )
Petitioners, )
-against- )
)
THE NEW YORK CITY HEALTH AND HOSPITAL )
CORPORATION, LINCOLN HOSPITAL, LINCOLN
MEDICAL AND MENTAL HEALTH CENTER, THE
CITY OF NEW YORK, JOSEPH TUVIA, M.D.,
CAROLINE HWANG, M.D., HUSAYN J. ALHUS-
AYNL MD., MATSUKO TAKESHIGE M.D. and
CHIKERE KANU, M.D., “JOHN DOES NUMBERED
1-5” (the names being ficticious, as their identities are
presently unknown), & “JANE DOES NUMBERED 1-
5” (the names being ficticious, as their identities are
presently unknown),
Respondents.
een eee eee me ae TTT --X _|
of EZRA B.
Upon reading and filing the Application/Affirmation to Compromise
heretofore had herein;
GLASER ESQ., and upon all of the pleadings and proceedings
Now, on the Application of CONDE & GLASER L.L-P., attorneys for the Petitioners
herein, pursuant to EPTT. Section 5-4.6 it is hereby,
N RIVERA
ORDERED, Adjudicated and Decreed, that the Co-Administrators JASMI
for
and ROBERT VARGAS are authorized and permitted to settle the above captioned matter
the sum of $450,000.00, and it is further,
.
in the Letters of
ORDERED, Adjudicated and Decreed, that the restrictions contained
are hereby modified pursuant to EPTL Section 5-4.6 to allow th above
Administration
ANTS and to further allow collection of the
settlement against all of the above DEFEND
r,
proceeds as set forth in this Order, and it is furthe
IN RIVERA
ORDERED, Adjudicated and Decreed, that the Co-Administrators JASM
ntinuances of the
and ROBERT VARGAS are authorized to de liver general releases and disco
claims anc d causes of action for medical malpractic
e/wrongful death, and any other papers or
, dis: continuance and collection by
documents that may be required to effectuate settlement
eds to this action and it is further,
CONDE & GLASER L.L-P. of the settlement proce
and Decreed, that the named DEFEND. ANTS, upon
ORDERED, Adjudicated
presentation of the proper documents and within
the time prescribed by CPLR 5003-(a), are to
pay the sum of $450,000.00 in settlement of this action
, made payable to the order of JASMIN
CO-ADMINISTRATORS 0! fF THE ESTATE OF
RIVERA and ROBERT VARGAS, AS
L.L.P. as attorneys; and it is further,
ROBERT VARGAS, and CONDE & GLASER,
& GLASER,LLP will upon receipt
ORDERED, Adjudicated and Decreed, that CONDE
the proceeds into the attorney escrow account
of the settlement proceeds of $450,000.00, place
on behalf of the estate, and it is further,
request of retainer fees in the amount of
ORDERED, Adjudicated and Decreed, that the
on behalf of the Estate of Juan Vargas in the
$125,000.00; legal fees for Surrogate’s C ‘ourt work
t of $1,135.00 by CONDE & GLASER,
amount of $2,500.00; and disbursements in the amoun
LLP are approved in the amount as follows: $128,635.00,
& GLASER, LLP’s filing
ORDERED, Adjudicated and Decreed, that upon CONDE
the Surrogate’s Court on behalf of the
proof of a Petition for Allocation and distribution in
BC
decedent’s estate, CONDE & GLASER LLP, can be paid its legal fee in the sum of
$127,500.00 and its reimbursement of distributions in the sum of $1,135.00 out of the escrow
account of the decedent’s Estate and it is further,
ORDERED, Adjudicated and Decreed, that the remainder of the settlement money
$321,365.00 be distributed equally between the distributes, rather than proceed to Surrogate’s
Court;
ORDERED, Adjudicated and Decreed, that the remainder of the settlement money
$321,365.00 be held in escrow until entry of a final decree in the Surrogate’s Court, and that
CONDE & GLASER, LLP will continue to represent the Estate representatives until entry of a
final decree in Surrogate’s Court.
E INTER rn
a
Deny o ake
JS.C
HON, DOUGLAS E. McKEON
Administrative Judge
Preview
: INDEX NO. 20555/2013E NYS€EF DOC. NO. 22 RECEIVED NYSCEF: 03/26/2014 ” . . Ai . aoN ‘ As an IAS Term of the | j Supreme Court of the State of New York, County of Bronx, at the located at 851 Grand HON.D OUGLAS E. MeKEON Courthouse Concourse, Bronx, New York, on the Adm inistrative Judge 18 day of Pack 201 ) SUPREME COURT OF THE STATE OF NEW YORK. ) R PURSUANT COUNTY OF BRONX ) ORDE oe nnn ene nee ee nnn amnmmenn nnannn ) TO EPTL 5-4.6 JASMIN RIVERA, individually and as co-administrator ) of the Estate of Juan_Vargas, and ROBERT VARGAS, ) Index #: 20555/2013E individually and as co-administrator of the Estate of Juan ) Vargas, ) Petitioners, ) -against- ) ) THE NEW YORK CITY HEALTH AND HOSPITAL ) CORPORATION, LINCOLN HOSPITAL, LINCOLN MEDICAL AND MENTAL HEALTH CENTER, THE CITY OF NEW YORK, JOSEPH TUVIA, M.D., CAROLINE HWANG, M.D., HUSAYN J. ALHUS- AYNL MD., MATSUKO TAKESHIGE M.D. and CHIKERE KANU, M.D., “JOHN DOES NUMBERED 1-5” (the names being ficticious, as their identities are presently unknown), & “JANE DOES NUMBERED 1- 5” (the names being ficticious, as their identities are presently unknown), Respondents. een eee eee me ae TTT --X _| of EZRA B. Upon reading and filing the Application/Affirmation to Compromise heretofore had herein; GLASER ESQ., and upon all of the pleadings and proceedings Now, on the Application of CONDE & GLASER L.L-P., attorneys for the Petitioners herein, pursuant to EPTT. Section 5-4.6 it is hereby, N RIVERA ORDERED, Adjudicated and Decreed, that the Co-Administrators JASMI for and ROBERT VARGAS are authorized and permitted to settle the above captioned matter the sum of $450,000.00, and it is further, . in the Letters of ORDERED, Adjudicated and Decreed, that the restrictions contained are hereby modified pursuant to EPTL Section 5-4.6 to allow th above Administration ANTS and to further allow collection of the settlement against all of the above DEFEND r, proceeds as set forth in this Order, and it is furthe IN RIVERA ORDERED, Adjudicated and Decreed, that the Co-Administrators JASM ntinuances of the and ROBERT VARGAS are authorized to de liver general releases and disco claims anc d causes of action for medical malpractic e/wrongful death, and any other papers or , dis: continuance and collection by documents that may be required to effectuate settlement eds to this action and it is further, CONDE & GLASER L.L-P. of the settlement proce and Decreed, that the named DEFEND. ANTS, upon ORDERED, Adjudicated presentation of the proper documents and within the time prescribed by CPLR 5003-(a), are to pay the sum of $450,000.00 in settlement of this action , made payable to the order of JASMIN CO-ADMINISTRATORS 0! fF THE ESTATE OF RIVERA and ROBERT VARGAS, AS L.L.P. as attorneys; and it is further, ROBERT VARGAS, and CONDE & GLASER, & GLASER,LLP will upon receipt ORDERED, Adjudicated and Decreed, that CONDE the proceeds into the attorney escrow account of the settlement proceeds of $450,000.00, place on behalf of the estate, and it is further, request of retainer fees in the amount of ORDERED, Adjudicated and Decreed, that the on behalf of the Estate of Juan Vargas in the $125,000.00; legal fees for Surrogate’s C ‘ourt work t of $1,135.00 by CONDE & GLASER, amount of $2,500.00; and disbursements in the amoun LLP are approved in the amount as follows: $128,635.00, & GLASER, LLP’s filing ORDERED, Adjudicated and Decreed, that upon CONDE the Surrogate’s Court on behalf of the proof of a Petition for Allocation and distribution in BC decedent’s estate, CONDE & GLASER LLP, can be paid its legal fee in the sum of $127,500.00 and its reimbursement of distributions in the sum of $1,135.00 out of the escrow account of the decedent’s Estate and it is further, ORDERED, Adjudicated and Decreed, that the remainder of the settlement money $321,365.00 be distributed equally between the distributes, rather than proceed to Surrogate’s Court; ORDERED, Adjudicated and Decreed, that the remainder of the settlement money $321,365.00 be held in escrow until entry of a final decree in the Surrogate’s Court, and that CONDE & GLASER, LLP will continue to represent the Estate representatives until entry of a final decree in Surrogate’s Court. E INTER rn a Deny o ake JS.C HON, DOUGLAS E. McKEON Administrative Judge