On October 28, 2020 a
Motion-Secondary
was filed
involving a dispute between
In The Matter Of The Application Of Jonathan Mccarthy And Melody Mccarthy, As Parents And Natural Guardians Of A.M., An Infantunder The Age Of Eighteen Years Old,
and
For The Leave To Settle A Claim For Personal Injuries Of The Infant,
for Torts - Motor Vehicle
in the District Court of Chemung County.
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FILED: CHEMUNG COUNTY CLERK 10/28/2020 04:02 PM INDEX NO. 2020-5674
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/28/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CHEMUNG
_____________________________________
X IN THE MATTER OF THE APPLICATION
OF JONATHAN MCCARTHY AND
MELODY MCCARTHY, AS PARENTS AND
NATURAL GUARDIANS OF A.M., AN
INFANT
UNDER THE AGE OF EIGHTEEN YEARS INFANT COMPROMISE PETITION
OLD
Index No.
Petitioners, RJI No.
FOR THE LEAVE TO SETTLE A CLAIM
FOR PERSONAL INJURIES OF THE
INFANT
_____________________________________ X
KEVIN M. MATHEWSON, ESQ., an attorney at law admitted to practice law in the
Courts of the State of New York, of counsel to Law Offices of John Trop, attorney for Allstate
Insurance Company, affirms under penalty of perjury the truth of the following:
1. I have been retained by the Allstate Insurance Company to prepare the petition
and supporting papers for the Petitioners, JONATHAN MCCARTHY AND MELODY
MCCARTHY, as Parents and Natural Guardians of M.M., of whom is not an attorney nor has an
attorney representing them in these proceedings.
2. I have reviewed the underlying facts of this infant’s compromise petition. I have
not advised or encouraged any members of the Petitioners’ family to accept this settlement nor
have I been asked my opinion on the value of this case by the Petitioners.
3. I am not and will not be accepting any compensation for my services out of the
proceeds of this settlement.
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FILED: CHEMUNG COUNTY CLERK 10/28/2020 04:02 PM INDEX NO. 2020-5674
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/28/2020
4. That no application for the relief requested herein has been made to this or any
other court.
WHEREFORE, it is respectfully requested that an Order be made authorizing and
permitting the Petitioners, JONATHAN MCCARTHY AND MELODY MCCARTHY, as
parents and natural guardians of the infant, M.M., an infant, to settle, adjust and compromise the
above described claims of said infant against the potential Defendants, Susan Vitucci, Allstate
Insurance Company, and any and all other person, firms and corporations who may be liable
from any and all claims which the said infant, or the infant’s heirs, administrators or assigns may
thereafter, and any and all persons, firms and corporations who may be liable resulting from any
personal injuries, either known or unknown, developed or undeveloped, sustained by said infant
in the accident of December 15, 2017; permitting the Petitioner to execute any settlement
documents necessary herein; and, further directing that the filing of a bond be wholly dispensed
with pursuant to Section 1210(c) of the Civil Practice Law and Rules.
DATED: DeWitt, New York
October 27, 2020
KEVIN M. MATHEWSON, ESQ.
2
2 of 2
Document Filed Date
October 28, 2020
Case Filing Date
October 28, 2020
Category
Torts - Motor Vehicle
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FILED: CHEMUNG COUNTY CLERK 10/28/2020 04:02 PM INDEX NO. 2020-5674 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/28/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CHEMUNG _____________________________________ X IN THE MATTER OF THE APPLICATION OF JONATHAN MCCARTHY AND MELODY MCCARTHY, AS PARENTS AND NATURAL GUARDIANS OF A.M., AN INFANT UNDER THE AGE OF EIGHTEEN YEARS INFANT COMPROMISE PETITION OLD Index No. Petitioners, RJI No. FOR THE LEAVE TO SETTLE A CLAIM FOR PERSONAL INJURIES OF THE INFANT _____________________________________ X KEVIN M. MATHEWSON, ESQ., an attorney at law admitted to practice law in the Courts of the State of New York, of counsel to Law Offices of John Trop, attorney for Allstate Insurance Company, affirms under penalty of perjury the truth of the following: 1. I have been retained by the Allstate Insurance Company to prepare the petition and supporting papers for the Petitioners, JONATHAN MCCARTHY AND MELODY MCCARTHY, as Parents and Natural Guardians of M.M., of whom is not an attorney nor has an attorney representing them in these proceedings. 2. I have reviewed the underlying facts of this infant’s compromise petition. I have not advised or encouraged any members of the Petitioners’ family to accept this settlement nor have I been asked my opinion on the value of this case by the Petitioners. 3. I am not and will not be accepting any compensation for my services out of the proceeds of this settlement. 1 of 2 FILED: CHEMUNG COUNTY CLERK 10/28/2020 04:02 PM INDEX NO. 2020-5674 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/28/2020 4. That no application for the relief requested herein has been made to this or any other court. WHEREFORE, it is respectfully requested that an Order be made authorizing and permitting the Petitioners, JONATHAN MCCARTHY AND MELODY MCCARTHY, as parents and natural guardians of the infant, M.M., an infant, to settle, adjust and compromise the above described claims of said infant against the potential Defendants, Susan Vitucci, Allstate Insurance Company, and any and all other person, firms and corporations who may be liable from any and all claims which the said infant, or the infant’s heirs, administrators or assigns may thereafter, and any and all persons, firms and corporations who may be liable resulting from any personal injuries, either known or unknown, developed or undeveloped, sustained by said infant in the accident of December 15, 2017; permitting the Petitioner to execute any settlement documents necessary herein; and, further directing that the filing of a bond be wholly dispensed with pursuant to Section 1210(c) of the Civil Practice Law and Rules. DATED: DeWitt, New York October 27, 2020 KEVIN M. MATHEWSON, ESQ. 2 2 of 2