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MUN OUN IK DV INDEX NO. 2020-5674
FE DO
NV RSEEROE CHEMUNG COUNTY CLERK 10/28/2020 04:02 PM RECEIVED NDESCRO: S8ZO2¥e-f70
NPSCEF Doc. NO. 3 RECEIVED NYSCEF: 10/28/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CHEMUNG
IN THE MATTER OF THE APPLICATION
OF JONATHAN. MCCARTHY AND
MELODY MCCARTHY, AS PARENTS AND
NATURAL GUARDIANS OF AM., AN
INFANT
UNDER THE AGE OF EIGHTEEN YEARS INFANT COMPROMISE ORDER
OLD
Index No. 2020-5674
Petitioners, RJINo
FOR THE LEAVE TO SETTLE A CLAIM
FOR PERSONAL INJURIES OF THE
P. BAKER
HON. CHRISTOPHER
INFANT
x
Upon reading and filing the petition of the Petitioners, JONATHAN MCCARTHY AND
MELODY MCCARTHY, Parents and Natural Guardians of M.M., an infant, sworn to on
October 15, 2020, and the exhibits annexed thereto; and the affidavit of Kevin M. Mathewson,
Esq., of counsel to the Law Offices of John Trop, dated October 27, 2020, attorney for Allstate
Insurance Company, and the parties, subject to approval of the Court, having agreed to the
settlement of the within claim against Susan Vitucci and the Allstate Insurance Company for
ape
vehhow
itemg
Court on
lathewson, Esq.,
0] 23/10
attorney for Allstate Insurance Company, having
and it appearing that the-
acceptance of the settlement in the sum of $23,000,00 is in the best interest of the infant, M.M.
and the infant having been born in 2013, and it is further appearing to the Court that no fees or
disbursements need be paid.
NOW upon motion of Kevin M. Mathewson., attorney for Allstate Insurance Company
and, itis
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UD)
MUN OUN IK 0 0 0 0 O DV INDEX NO. 2020-5674
\YGFELENS CREMONG COUNTY CLERK 10/28/2020 a0 PM RECEIVED NDERCRE: 26¢0J¢eA20
NjSCEF boc. NO. 3 RECEIVED NYSCEF: 10/28/2020
ORDERED that the $23,000.00 settlement amount to be paid by Allstate Insurance
Company on behalf of Benjamin S. Currie, shall be paid as follows:
(a) the settlement amount, $23,000.00, is to be paid to the parents of said infant,
JONATHAN MCCARTHY AND MELODY MCCARTHY, jointly with an officer of Elmira
Savings Banks, 333 East Water Street, Elmira, New York 14901, to be deposited'in said bank in
the highest available interest bearing account in the name of said parents to the credit of the said
infant, jointly with an officer of Elmira Savings Banks, 333 East Water Street, Elmira, New
York 14901, subject to further order of this Court, and it is further,
ORDERED that said depository wherein the proceeds of such compromise and
settlement shall be held, shall pay over all the monies held in the account to the infant, upon
demand and without further court order, when the infant reaches the age of Twenty - One (21)
years old, upon the presentment of proper proof thereof to such depository, and it is further
ORDERED that the petitioner is hereby authorized and empowered to execute any
settlement documents and releases necessary herein, and it is further
ORDERED that the filing of a bond be dispensed with in accordance with CPLR
1210(c).
Dated loo a
ENTER:
HON. CHRISTOPHER P. BAKER
Justice, Supreme Court
2 of 2
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MUN OUN IK DV INDEX NO. 2020-5674 FE DO NV RSEEROE CHEMUNG COUNTY CLERK 10/28/2020 04:02 PM RECEIVED NDESCRO: S8ZO2¥e-f70 NPSCEF Doc. NO. 3 RECEIVED NYSCEF: 10/28/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CHEMUNG IN THE MATTER OF THE APPLICATION OF JONATHAN. MCCARTHY AND MELODY MCCARTHY, AS PARENTS AND NATURAL GUARDIANS OF AM., AN INFANT UNDER THE AGE OF EIGHTEEN YEARS INFANT COMPROMISE ORDER OLD Index No. 2020-5674 Petitioners, RJINo FOR THE LEAVE TO SETTLE A CLAIM FOR PERSONAL INJURIES OF THE P. BAKER HON. CHRISTOPHER INFANT x Upon reading and filing the petition of the Petitioners, JONATHAN MCCARTHY AND MELODY MCCARTHY, Parents and Natural Guardians of M.M., an infant, sworn to on October 15, 2020, and the exhibits annexed thereto; and the affidavit of Kevin M. Mathewson, Esq., of counsel to the Law Offices of John Trop, dated October 27, 2020, attorney for Allstate Insurance Company, and the parties, subject to approval of the Court, having agreed to the settlement of the within claim against Susan Vitucci and the Allstate Insurance Company for ape vehhow itemg Court on lathewson, Esq., 0] 23/10 attorney for Allstate Insurance Company, having and it appearing that the- acceptance of the settlement in the sum of $23,000,00 is in the best interest of the infant, M.M. and the infant having been born in 2013, and it is further appearing to the Court that no fees or disbursements need be paid. NOW upon motion of Kevin M. Mathewson., attorney for Allstate Insurance Company and, itis 1 of 2 UD) MUN OUN IK 0 0 0 0 O DV INDEX NO. 2020-5674 \YGFELENS CREMONG COUNTY CLERK 10/28/2020 a0 PM RECEIVED NDERCRE: 26¢0J¢eA20 NjSCEF boc. NO. 3 RECEIVED NYSCEF: 10/28/2020 ORDERED that the $23,000.00 settlement amount to be paid by Allstate Insurance Company on behalf of Benjamin S. Currie, shall be paid as follows: (a) the settlement amount, $23,000.00, is to be paid to the parents of said infant, JONATHAN MCCARTHY AND MELODY MCCARTHY, jointly with an officer of Elmira Savings Banks, 333 East Water Street, Elmira, New York 14901, to be deposited'in said bank in the highest available interest bearing account in the name of said parents to the credit of the said infant, jointly with an officer of Elmira Savings Banks, 333 East Water Street, Elmira, New York 14901, subject to further order of this Court, and it is further, ORDERED that said depository wherein the proceeds of such compromise and settlement shall be held, shall pay over all the monies held in the account to the infant, upon demand and without further court order, when the infant reaches the age of Twenty - One (21) years old, upon the presentment of proper proof thereof to such depository, and it is further ORDERED that the petitioner is hereby authorized and empowered to execute any settlement documents and releases necessary herein, and it is further ORDERED that the filing of a bond be dispensed with in accordance with CPLR 1210(c). Dated loo a ENTER: HON. CHRISTOPHER P. BAKER Justice, Supreme Court 2 of 2