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At a Settlement Part of the Supreme Court
Of the State of New York
PRESENT: HON. JOAN B. LEFKOWITZ, J.S.C.
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SUZIN RASO as Executrix of the Estate of LOUIS J. Index No.: 51410/2013
RASO, Deceased, and SUZIN RASO, Individually,
Plaintiffs. ORDER FOR COMPROMISE
-against- PURSUANT TO EPTL 5-4.6
JEWISH HOME LIFECARE and JEWISH HOME
LIFECARE, SARAH NEUMAN CENTER,
WESTCHESTER f/k/a SRN CORPORATION,
Defendants.
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An offer of settlement in the above-captioned action in the amount of $390,000 by or on
behalf of defendants JEWISH HOME LIFECARE and JEWISH HOME LIFECARE, SARAH
NEUMAN CENTER, WESTCHESTER f/k/a SRN CORPORATION, having been made to fully
and finally settle the above-captioned action;
And the plaintiff, SUZIN RASO as Executrix of the Estate of LOUIS J. RASO,
Deceased, in connection therewith, having moved this Court pursuant to Estates Powers & Trust
Law Section 5-4.6 for an order approving and compromising the total settlement amount in the
amount of Three Hundred Ninety Thousand and 00/100 ($390,000.00) Dollars in the above-
captioned action, approving and compromising her attorney’s fees and disbursements and for the
payment of same to counsel, authorizing plaintiff and her counsel to issue payment and satisfy all
liens by Medicare and Medicaid, and to refer all matters relating to allocation and distribution of
the net settlement proceeds for the determination of the Surrogate’s Court, County of
Westchester for the wrongful death and pain and suffering of decedent;
NOW, upon said application, the affirmation of Suzin L. Raso, Esq., affirmed to on
September 23, 2014, and the affirmation of Robert Varga, Esq., affirmed to on September 23,
2014, it is hereby:
ORDERED that, pursuant to EPTL 5-4.6, the settlement of the above-captioned action by
the parties herein for the total sum of $390,000 is hereby approved and compromised as said
amount is fair and reasonable compensation; and it is further
ORDERED that plaintiffs’ attorney’s fees in the amount of $89,153.96 and the return of
the disbursements to plaintiffs’ attorney, VARGA LAW GROUP, LLC, in the amount of
$1,147.73 are hereby approved and compromised; and it is further
ORDERED that the plaintiff Executrix Suzin L. Raso is hereby authorized to execute and
exchange general releases and other documents necessary to the settlement of this matter with
the named defendants herein; and it is further
ORDERED that the plaintiff Executrix Suzin L. Raso shall make an application to the
Surrogate’s Court, County of Westchester within thirty days of the date of this order and pay all
necessary filing fees, to obtain the allocation and distribution of the net settlement proceeds; and
it is further
ORDERED that pursuant to EPTL 5-4.6 and CPLR 5003-a, the defendants and/or
defendants’ insurer shall issue payment in the amount of $390,000.00 and made payable to Suzin
L. Raso, as Executrix of the Estate of Louis J. Raso and Varga Law Group, LLC, as Attorneys,
upon receipt of an executed copy of the within Order, duly executed general release, hold
harmless agreement as to all liens, and stipulation of discontinuance of this action with prejudice
and without costs; and it is further
ORDERED that, the defendants’ counsel shall hold in escrow said general release and
stipulation of discontinuance pending full receipt and collection of the defendants’ settlement
obligations; and it is further
ORDERED that, plaintiffs’ attorney, VARGA LAW GROUP, LLC, shall forthwith take
all steps necessary to obtain an allocation and distribution of the settlement proceeds to the
appropriate distributes by a compromise application directed to the Surrogate’s Court, County of
Westchester within thirty (30) days of the date of the within order; and it is further
ORDERED that, all settlement sums received by plaintiffs’ attorney, VARGA LAW
GROUP, LLC, shall immediately be placed in an interest bearing escrow account; and it is
further
ORDERED that, upon collection of the settlement funds and placement of same into an
interest bearing escrow account, the attorney for the plaintiffs, VARGA LAW GROUP, LLC, is
hereby authorized and permitted to withdraw and pay its herein approved attorney’s fees and
reimbursable disbursements from said escrow account; and it is further
ORDERED that, the plaintiffs’ attorney, VARGA LAW GROUP, LLC, is hereby
authorized and permitted to withdraw and issue payment from the escrow account the amount of
$80,622.50 made payable to the New York State Department of Health, constituting full
satisfaction of all claims and/or any liens owed to MEDICAID for payment made on behalf of
LOUIS J. RASO, deceased; and it is further
ORDERED that, the plaintiffs’ attorney, VARGA LAW GROUP, LLC, is hereby
authorized and permitted to withdraw and issue payment from the escrow account the amount of
$48,126.72 to CMS and/or Medicare and/or their designated representative, constituting full
satisfaction of all claims and/or any liens owed to MEDICARE provided to LOUIS J. RASO;
and it is further
ORDERED that, pursuant to EPTL 5-4.6, the attorney for the plaintiffs, VARGA LAW
GROUP, LLC, shall continue to serve as attorney for the Estate without charge until the entry of
a final Decree in the Surrogate’s Court, allocating and distributing the remaining settlement
proceeds; and it is further
ORDERED that, the Plaintiff Executrix Suzin L. Raso is authorized to discontinue with
prejudice all claims against all defendants; and it is further
ORDERED that, the filing of a bond is hereby dispensed with.
ENTER:
HON. JOAN B. LEFKOWITZ, J.S.C.
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At a Settlement Part of the Supreme Court Of the State of New York PRESENT: HON. JOAN B. LEFKOWITZ, J.S.C. ----------------------------------------------------------------X SUZIN RASO as Executrix of the Estate of LOUIS J. Index No.: 51410/2013 RASO, Deceased, and SUZIN RASO, Individually, Plaintiffs. ORDER FOR COMPROMISE -against- PURSUANT TO EPTL 5-4.6 JEWISH HOME LIFECARE and JEWISH HOME LIFECARE, SARAH NEUMAN CENTER, WESTCHESTER f/k/a SRN CORPORATION, Defendants. ----------------------------------------------------------------X An offer of settlement in the above-captioned action in the amount of $390,000 by or on behalf of defendants JEWISH HOME LIFECARE and JEWISH HOME LIFECARE, SARAH NEUMAN CENTER, WESTCHESTER f/k/a SRN CORPORATION, having been made to fully and finally settle the above-captioned action; And the plaintiff, SUZIN RASO as Executrix of the Estate of LOUIS J. RASO, Deceased, in connection therewith, having moved this Court pursuant to Estates Powers & Trust Law Section 5-4.6 for an order approving and compromising the total settlement amount in the amount of Three Hundred Ninety Thousand and 00/100 ($390,000.00) Dollars in the above- captioned action, approving and compromising her attorney’s fees and disbursements and for the payment of same to counsel, authorizing plaintiff and her counsel to issue payment and satisfy all liens by Medicare and Medicaid, and to refer all matters relating to allocation and distribution of the net settlement proceeds for the determination of the Surrogate’s Court, County of Westchester for the wrongful death and pain and suffering of decedent; NOW, upon said application, the affirmation of Suzin L. Raso, Esq., affirmed to on September 23, 2014, and the affirmation of Robert Varga, Esq., affirmed to on September 23, 2014, it is hereby: ORDERED that, pursuant to EPTL 5-4.6, the settlement of the above-captioned action by the parties herein for the total sum of $390,000 is hereby approved and compromised as said amount is fair and reasonable compensation; and it is further ORDERED that plaintiffs’ attorney’s fees in the amount of $89,153.96 and the return of the disbursements to plaintiffs’ attorney, VARGA LAW GROUP, LLC, in the amount of $1,147.73 are hereby approved and compromised; and it is further ORDERED that the plaintiff Executrix Suzin L. Raso is hereby authorized to execute and exchange general releases and other documents necessary to the settlement of this matter with the named defendants herein; and it is further ORDERED that the plaintiff Executrix Suzin L. Raso shall make an application to the Surrogate’s Court, County of Westchester within thirty days of the date of this order and pay all necessary filing fees, to obtain the allocation and distribution of the net settlement proceeds; and it is further ORDERED that pursuant to EPTL 5-4.6 and CPLR 5003-a, the defendants and/or defendants’ insurer shall issue payment in the amount of $390,000.00 and made payable to Suzin L. Raso, as Executrix of the Estate of Louis J. Raso and Varga Law Group, LLC, as Attorneys, upon receipt of an executed copy of the within Order, duly executed general release, hold harmless agreement as to all liens, and stipulation of discontinuance of this action with prejudice and without costs; and it is further ORDERED that, the defendants’ counsel shall hold in escrow said general release and stipulation of discontinuance pending full receipt and collection of the defendants’ settlement obligations; and it is further ORDERED that, plaintiffs’ attorney, VARGA LAW GROUP, LLC, shall forthwith take all steps necessary to obtain an allocation and distribution of the settlement proceeds to the appropriate distributes by a compromise application directed to the Surrogate’s Court, County of Westchester within thirty (30) days of the date of the within order; and it is further ORDERED that, all settlement sums received by plaintiffs’ attorney, VARGA LAW GROUP, LLC, shall immediately be placed in an interest bearing escrow account; and it is further ORDERED that, upon collection of the settlement funds and placement of same into an interest bearing escrow account, the attorney for the plaintiffs, VARGA LAW GROUP, LLC, is hereby authorized and permitted to withdraw and pay its herein approved attorney’s fees and reimbursable disbursements from said escrow account; and it is further ORDERED that, the plaintiffs’ attorney, VARGA LAW GROUP, LLC, is hereby authorized and permitted to withdraw and issue payment from the escrow account the amount of $80,622.50 made payable to the New York State Department of Health, constituting full satisfaction of all claims and/or any liens owed to MEDICAID for payment made on behalf of LOUIS J. RASO, deceased; and it is further ORDERED that, the plaintiffs’ attorney, VARGA LAW GROUP, LLC, is hereby authorized and permitted to withdraw and issue payment from the escrow account the amount of $48,126.72 to CMS and/or Medicare and/or their designated representative, constituting full satisfaction of all claims and/or any liens owed to MEDICARE provided to LOUIS J. RASO; and it is further ORDERED that, pursuant to EPTL 5-4.6, the attorney for the plaintiffs, VARGA LAW GROUP, LLC, shall continue to serve as attorney for the Estate without charge until the entry of a final Decree in the Surrogate’s Court, allocating and distributing the remaining settlement proceeds; and it is further ORDERED that, the Plaintiff Executrix Suzin L. Raso is authorized to discontinue with prejudice all claims against all defendants; and it is further ORDERED that, the filing of a bond is hereby dispensed with. ENTER: HON. JOAN B. LEFKOWITZ, J.S.C.