Preview
FILED: MONROE COUNTY CLERK 03/15/2019 10:55 AM INDEX NO. E2019000851
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 03/15/2019
MONROE COUNTY CT RRX'S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 2014562
Book Page CIVIL
Return To: No. Pages: 4
DAVID SCOTT STERN
One East Main Street M.-ent: MISCELLANEOUS DOCUMENT
Rochester, NY 14614
Control #: 201903150432
Index #: E2019000851
Date: 03/15/2019
M, A Time: 11:05:15 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
201903150432 Index#: NO.
INDEX E2019000851
E2019000851
FILED: MONROE COUNTY CLERK 03/15/2019 10:55 AM
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 03/15/2019
AT A SPECIAL TERM OF THE SUPREME
COURT HELD IN AND FOR THE COUNTY OF
MONROE ON THE DAY OF
, 2019.
PRESENT: HON. EVELYN FRAZEE
SUPREMECOURT 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.: E2019000851
GEREMY POWERS,
Defendant.
Upon reading and filing the Petition of TAWFIQ MUTHANA, parent and natural
13*
guardian of the infant herein, duly verified on the day of March, 2019; the Consent of the
13th
Infant dated March 13, 2019; and the Affidavit of David S. Stern, Esq., verified on the day
of March, 2019; and itappearing that the infant is ten (10) years of age, having been born on
September 20, 2008; and the infant and his parent having appeared before the Court on the _
day of March 2019; and itappearing that the best interest of the said infant will be served thereby
NOW, upon motion of ELLIOTT, STERN & CALABRESE, LLP, David S. Stern, Esq. of
Counsel, attorñêys for TAWFIQ MUTHANA the parent/plaintiff of the infant Plaintiff itis
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
201903150432 Index
INDEX #:
NO.E2019000851
E2019000851
FILED: MONROE COUNTY CLERK 03/15/2019 10:55 AM
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 03/15/2019
sum of NINE THOUSAND, FIVE-HUNDRED DOLLARS AND 00/100 DOLLARS
($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 attorney's fees THREE
THOUSAND, ONE HUNDRED-SIXTY-SIX 67/100 DOLLARS ($3.166.67), and for the
disbursements expended by said attomoya, they are allowed the sum of ONE THOUSAND,
FIFTY-NINE 06/100 DOLLARS ($1,059.06), both totaling the sum of FOUR THOUSAND,
TWO HUNDREb, TWENTY-FIVE DOLLARS 73/100 ($4,225.73), for the professicñal
services rendered as the legal representative of the infant, to be paid from the cash payment to be
made at the time df settlement; and itis further
ORDERED, that the balance, the sum of FIVE THOUSAND, TWO HUNDRED,
SEVENTY-FOUR 27/100 DOLLARS ($5.274.27) 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 CHASE BANK, located at 36
Genesee St, Rochester, New York, 14611 to be deposited in said bank in an guaranteed and
insured interest anem=t in the name of the to the credit of the said subject
bdaring Parent, Infant,
to the further order of this Court; and itis further,
ORDERED that the CHASE BANK, the depository whereiñ the proceeds of said
compromise and settlement shall be held, shall pay over to the infant when the infant reaches the
age of eighteen (18) years, all monies held in the account, wherein such proceeds have been
deposited upon the infant's demand therefor; and itis further
201903150432 INDEX
Index NO.
#: E2019000851
E2019000851
FILED: MONROE COUNTY CLERK 03/15/2019 10:55 AM
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 03/15/2019
ORDERED that conditioned upon compliãñce 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
instr=nents ñêcessary to effectuate the settlement herein, and itis further
ORDERED, that the filing of a bond is hereby dispensed with, pursuant to CPLR
§1210(c).
E N T E R
DATED: Rochester, New York
, 2019
HON. EVELYN FRAZEE, J.S.C.
..
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FILED: MONROE COUNTY CLERK 03/15/2019 10:55 AM INDEX NO. E2019000851 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 03/15/2019 MONROE COUNTY CT RRX'S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 2014562 Book Page CIVIL Return To: No. Pages: 4 DAVID SCOTT STERN One East Main Street M.-ent: MISCELLANEOUS DOCUMENT Rochester, NY 14614 Control #: 201903150432 Index #: E2019000851 Date: 03/15/2019 M, A Time: 11:05:15 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 201903150432 Index#: NO. INDEX E2019000851 E2019000851 FILED: MONROE COUNTY CLERK 03/15/2019 10:55 AM NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 03/15/2019 AT A SPECIAL TERM OF THE SUPREME COURT HELD IN AND FOR THE COUNTY OF MONROE ON THE DAY OF , 2019. PRESENT: HON. EVELYN FRAZEE SUPREMECOURT 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.: E2019000851 GEREMY POWERS, Defendant. Upon reading and filing the Petition of TAWFIQ MUTHANA, parent and natural 13* guardian of the infant herein, duly verified on the day of March, 2019; the Consent of the 13th Infant dated March 13, 2019; and the Affidavit of David S. Stern, Esq., verified on the day of March, 2019; and itappearing that the infant is ten (10) years of age, having been born on September 20, 2008; and the infant and his parent having appeared before the Court on the _ day of March 2019; and itappearing that the best interest of the said infant will be served thereby NOW, upon motion of ELLIOTT, STERN & CALABRESE, LLP, David S. Stern, Esq. of Counsel, attorñêys for TAWFIQ MUTHANA the parent/plaintiff of the infant Plaintiff itis 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 201903150432 Index INDEX #: NO.E2019000851 E2019000851 FILED: MONROE COUNTY CLERK 03/15/2019 10:55 AM NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 03/15/2019 sum of NINE THOUSAND, FIVE-HUNDRED DOLLARS AND 00/100 DOLLARS ($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 attorney's fees THREE THOUSAND, ONE HUNDRED-SIXTY-SIX 67/100 DOLLARS ($3.166.67), and for the disbursements expended by said attomoya, they are allowed the sum of ONE THOUSAND, FIFTY-NINE 06/100 DOLLARS ($1,059.06), both totaling the sum of FOUR THOUSAND, TWO HUNDREb, TWENTY-FIVE DOLLARS 73/100 ($4,225.73), for the professicñal services rendered as the legal representative of the infant, to be paid from the cash payment to be made at the time df settlement; and itis further ORDERED, that the balance, the sum of FIVE THOUSAND, TWO HUNDRED, SEVENTY-FOUR 27/100 DOLLARS ($5.274.27) 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 CHASE BANK, located at 36 Genesee St, Rochester, New York, 14611 to be deposited in said bank in an guaranteed and insured interest anem=t in the name of the to the credit of the said subject bdaring Parent, Infant, to the further order of this Court; and itis further, ORDERED that the CHASE BANK, the depository whereiñ the proceeds of said compromise and settlement shall be held, shall pay over to the infant when the infant reaches the age of eighteen (18) years, all monies held in the account, wherein such proceeds have been deposited upon the infant's demand therefor; and itis further 201903150432 INDEX Index NO. #: E2019000851 E2019000851 FILED: MONROE COUNTY CLERK 03/15/2019 10:55 AM NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 03/15/2019 ORDERED that conditioned upon compliãñce 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 instr=nents ñêcessary to effectuate the settlement herein, and itis further ORDERED, that the filing of a bond is hereby dispensed with, pursuant to CPLR §1210(c). E N T E R DATED: Rochester, New York , 2019 HON. EVELYN FRAZEE, J.S.C. ..