New York State Court of Claims

New York State Court of Claims

MULDER/GENTILE v. STATE OF NEW YORK, #2000-018-040, Claim No. 101831, Motion No. M-62093


Synopsis

Motion granted approving infancy settlement.

Case Information

UID:
2000-018-040
Claimant(s):
PAM MULDER, INDIVIDUALLY AND AS NATURAL GUARDIAN OF TRAVIS JOHNSON, AN INFANT, AND JOHN GENTILE, INDIVIDUALLY AND AS NATURAL GUARDIAN OF JUSTIN GENTILE, AN INFANT
Claimant short name:
MULDER/GENTILE
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
101831
Motion number(s):
M-62093
Cross-motion number(s):

Judge:
DIANE L. FITZPATRICK
Claimant's attorney:
FRANCIS T. CUDA, ESQUIRE
Defendant's attorney:
ELIOT SPITZER
Attorney General of the State of New York
By: JOEL L. MARMELSTEIN, ESQUIRE Assistant Attorney General
Third-party defendant's attorney:

Signature date:
September 21, 2000
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision
Upon reading and filing the affidavit of claimant, Pam Mulder, parent and natural guardian of claimant, Travis Johnson, and claimant, John Gentile, parent and natural guardian of claimant, Justin Gentile, sworn to on July 15, 2000, along with the affidavit of Francis T. Cuda, Esquire, sworn to on July 6, 2000, with all other exhibits attached thereto, including proof that claimants retained Francis T. Cuda, Esquire to represent them and prosecute the cause of action of said infants, Travis Johnson and John Gentile, for injuries they sustained on October 29, 1999, when at 6:00 a.m., the New York State Police wrongfully executed a search warrant at claimant's residence, and Francis T. Cuda, as attorney for the claimants herein, having reached an acceptable settlement of the infant's cause of action with the Attorney General of the State of New York, which is contingent upon the acceptance by the adult claimants of a settlement offer of TWO THOUSAND SIX HUNDRED TWENTY FIVE DOLLARS AND NO CENTS ($2,625.00) in full settlement of their individual claims in conjunction herewith and in accordance with CPLR 1207 and 1208, the application for Court approval of the settlement on behalf of said infants, having come on to be heard on September 6, 2000, and Travis Johnson, an infant claimant and Pam Mulder, his parent and natural guardian, and Justin Gentile, an infant claimant, and John Gentile, his parent and natural guardian, and Francis T. Cuda, Esquire, all appearing before the Court on that date, and Joel L. Marmelstein, Assistant Attorney General appearing by telephone, with the permission of the Court, on behalf of the State of New York, and all having been examined by the Court, and it appearing that it is in the best interests of the infant claimants that the settlement be approved and that the amount offered on behalf of the defendant constitutes a fair and reasonable settlement;

NOW THEREFORE, upon the motion of claimants' counsel and upon all the documents

before the Court, it is hereby
ORDERED, that Pam Mulder, as the parent and natural guardian of the infant claimant, Travis Johnson, is hereby authorized to settle and compromise the above entitled action for the sum of ONE THOUSAND THREE HUNDRED TWELVE DOLLARS AND FIFTY CENTS ($1,312.50) in full settlement of all claims on behalf of this infant claimant; and it is further

ORDERED, that John Gentile, as the parent and natural guardian of the infant claimant, Justin Gentile, is hereby authorized to settle and compromise the above-entitled action for the sum of ONE THOUSAND THREE HUNDRED TWELVE DOLLARS AND FIFTY CENTS ($1,312.50) in full settlement of all claims on behalf of this infant claimant; and it is further

ORDERED, that Pam Mulder and John Gentile are authorized and directed to pay Francis T. Cuda, Esquire from the settlement proceeds the sum of THREE HUNDRED THIRTY SEVEN DOLLARS AND FIFTY CENTS ($337.50) each, for a total sum to be paid to Attorney Francis T. Cuda of SIX HUNDRED SEVENTY FIVE DOLLARS ($675.00) representing reasonable counsel fees and disbursements incurred in the prosecution and settlement of this portion of the action; and it is further

ORDERED, that in accordance with CPLR §1206(b), John Gentile is hereby authorized to distribute the sum of NINE HUNDRED SEVENTY FIVE DOLLARS ($975.00), representing the net proceeds of the settlement of Justin Gentile's cause of action after the deduction of attorney's fees and disbursements as specified herein, to himself, as the parent and natural guardian of the infant claimant, Justin Gentile, for the use and benefit of said infant; and it is further

ORDERED, that in accordance with CPLR §1206(b), Pam Mulder is hereby authorized to distribute the sum of NINE HUNDRED SEVENTY FIVE DOLLARS ($975.00), representing the net proceeds of the settlement of Travis Johnson's cause of action after the deduction of attorney's fees and disbursements as specified herein, to herself, as the parent and natural guardian of the infant claimant, Travis Johnson, for the use and benefit of said infant; and it is further

ORDERED, that the giving of security is hereby dispensed with, and it is further

ORDERED, that Pam Mulder and John Gentile are hereby authorized to execute and deliver all proper releases, discharges and other instruments as may be necessary, to effectuate this settlement; and it is further

ORDERED, that the individual claims of claimants Pam Mulder and John Gentile, remain pending subject to the settlement proposed as described above.


September 21, 2000
Syracuse, New York

HON. DIANE L. FITZPATRICK
Judge of the Court of Claims