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FILED: MONROE COUNTY CLERK 01/25/2019 INDEX NO. E2019000851
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/28/2019
MONROE COUNTY CLERK'S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 1948064
Book Page CIVIL
Return To: No. Pages: 4
DAVID SCOTT STERN
One East Main Street h=ent: MISCELLANEOUS DOCUMENT
Rochester, NY 14614
Control #: 201901310003
Index #: E2019000851
Date: 01/31/2019
M, A Time: 5:42:56 AM
Muthana, Tawfiq
Powers, Geremy
Total Fees Paid: $0.00
Employee:
State of New York
MONROE COUNTY CLERK'S OFFICE
WARNING - THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
ADAM J BELLO
MONROE COUNTY CLERK
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FILED: MONROE COUNTY CLERK 01/25/2019
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/28/2019
AT A SPECIAL TERM OF THE
SUPREME COURT HELD IN AND FOR
THE COUNTY OF MONROE ON THE
DAY OF . 2019.
PRESENT:
: SUPREME COURT JUSTICE
STATE OF NEW YORK
SUPREME COURT COUNTY OF MONROE
A.M, an Infant Under the Age of 15
Years, by TAWFIQ MUTHANA, his Father and Natural
Guardian, Individually,
Plaintiff,
INFANT SETTLEMENT
Vs. ORDER
Index No.: 4646-97
GEREMY POWERS,
Defendant.
Upon reauirig and filing the Petition of TAWFIQ MUTHANA, parent and natural
g ~""i ". of the infant herein, duly verified on the day of January, 2019; the
Consent of the Infant dated January, 2019; and the Affidavit of David S. Stern,
Esq., verified on the day of January, 2019; and it appearing that the infant is ten
(10) years of age, having been born on September 20, 2018; and the infant and his parent
appeared before the Court on the day of , 2019; and itappearing
having
that the best interest of the said infant will be served thereby
NOW,'
upon motion of ELLIoTT, STERN & CALABREsE, LLP, David S. Stern, Esq.
PIeIntIR'
of Counsel, attorneys for TAWFIQ MUTHANA the parent/plaintiff of the infant
itis
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FILED: MONROE COUNTY CLERK 01/25/2019
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/28/2019
ORDERED, that the parent be and hereby is authorized to enter into a
compromise of the infant's claim herein based upon the following terms, to wit: That
GEREMY POWERS pay the sum of NINE THOUSAND, FIVE-HUNDRED DOLLARS
AND 00/100 ÖOLLARS ($9,500.00) in cash at the time of settlement; and itis further
ORDERED, that for the legal services rendered to the infant by Elliott, Stern &
Calabrese, LLP, attorneys, said attorneys are allowed the sum for their attorneys fees
$3,166.67, and for the out of pocket expenses by said attorneys, they are allowed the sum
of $500, both totaling the sum of $3,666.67, for the professional services rendered as the
legal representative of the infant, to be paid from the cash payment to be made at the time
of settlement; and itis further
ORDERED, that the balance, the sum of NINE THOUSAND, FIVE-HUNDRED
DOLLARS AND 00/100 DOLLARS ($9,500.00) shall be paid by Geico Insurance on
behalf of GEREMY POWERS to TAWFIQ MUTHANA, the Parent of the said infant to
be held for the sole use and benefit of said infant, A.M, jointly with an officer of the
Bank, located at , ,
New York, to be deposited in said bank in an guaranteed and insured interest bearing
account in the name of the Parent, to the credit of the said Infant, subject to the further
order of this Court; and itis further,
ORDERED that the Bank, the depository wherein the proceeds
of said compromise and settlement shall be held, shall pay over to the infant when the
infant reaches the age of eighteen years, all monies held in the account, wherein such
(18)
proceeds have been deposited upon the infant's demand therefor; and itis further
201901310003 Index
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NO. E2019000851
E2019000851
FILED: MONROE COUNTY CLERK 01/25/2019
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/28/2019
ORDERED that conditioned upon compliance with the terms of this Order, the
Parent be and is hereby authorized and empowered to execute and deliver a General
Release and any other instramcats necessary to effeco2ate the settlement herein, and it is
further
ORDERED, that the filing of a bond is hereby dispensed with, pursuant to CPLR
§1210(c).
DATED: Rochester, New York
___, 2019
HON. , J.S.C.
E N T E R