New York State Court of Claims

New York State Court of Claims

WINN v. THE STATE OF NEW YORK, #2000-001-045, Claim No. 89098, Motion No. M-62004


Synopsis


In an Order to Show Cause, the Court finds that there remains no reason why it should not sign the proffered Stipulation of Settlement and Discontinuance.

Case Information

UID:
2000-001-045
Claimant(s):
MARY JANE WINN
Claimant short name:
WINN
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
89098
Motion number(s):
M-62004
Cross-motion number(s):

Judge:
Susan Phillips Read
Claimant's attorney:
Richard M. Duignan, Esq.
Defendant's attorney:
Hon. Eliot Spitzer, NYS Attorney GeneralBy: Nancy Hornstein, Esq., Assistant Attorney General, Of Counsel
Third-party defendant's attorney:

Signature date:
August 14, 20000
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were read and considered on this Order to Show Cause: Order to Show Cause, dated June 22 and filed July 13, 2000; Affidavit in Support of Claimant Mary Jane Winn, dated June 9 and filed July 13, 2000; Affirmation in Support of Richard M. Duignan, Esq., dated June 9 and filed July 13, 2000, with Exhibits 1- 4; Affirmation of Nancy Hornstein, Esq., AAG, dated June 31 and filed July 7, 2000; letter from the City of New York Human Resources Administration to Richard M. Duignan, Esq., dated July 24 and received in chambers July 31, 2000; and letter from Richard M. Duignan to the Court, dated August 4 and received in chambers August 8, 2000.

The parties have settled this action, which was commenced by claimant Mary Jane Winn ("claimant"), by Stipulation of Settlement and Discontinuance executed on June 6, 2000 (Affirmation of Richard M. Duignan, Esq., dated June 9 and filed July 13, 2000 ["Duignan Aff."], Exh. 2). By Order to Show Cause dated June 22 and filed July 13, 2000, the Court directed the New York State Department of Social Services, the Division of Liens of the City of New York and the Office of Revenue and Investigation to show cause why claimant should not be permitted to receive the settlement proceeds pursuant to the Stipulation of Settlement and Discontinuance. In support of his request for this Order to Show Cause, claimant's counsel averred that New York City agencies had failed to respond to his repeated requests to disclose and fix the amount of any public assistance liens on the settlement proceeds (Duignan Aff., ¶ 4, Exh. 4).

Defendant State of New York takes no position on the Order to Show Cause (Affirmation of Nancy Hornstein, Esq., AAG, dated June 31 and filed July 7, 2000). The Human Resources Administration of the City of New York ("HRA"), by copy of its letter to claimant's counsel, dated July 24, 2000, which was received in chambers on July 31, 2000, informs the Court that claimant and the Department of Social Services have settled both the Department of Social Services' Public Assistance claim and its Medicaid lien against the proceeds of this lawsuit for the sum of $10,000.00, for which HRA looks to claimant's counsel for payment from the settlement proceeds. By letter dated August 4, 2000 and received in chambers on August 8, 2000, claimant's counsel advises the Court that all of the respondents to the Order to Show Cause have now notified him of the amount of applicable liens, rendering this motion moot and prompting him to request its withdrawal.

The Court accordingly finds that there is no valid reason for declining to sign the proffered Stipulation of Settlement and Discontinuance. The "so ordered" stipulation will be filed simultaneously with this decision.


August 14, 20000
Albany, New York

HON. SUSAN PHILLIPS READ
Judge of the Court of Claims