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.