New York State Court of Claims

New York State Court of Claims

CICIARELLI v. STATE OF NEW YORK, #2001-011-534, Claim No. 93020, Motion No. M-63048


Synopsis


Special Needs Trust to be submitted through Surrogate's Court.

Case Information

UID:
2001-011-534
Claimant(s):
JOANNE CICIARELLI, as Guardian Ad Litem of JOSEPH CICIARELLI The court sua sponte amends the caption to reflect the only properly named defendant.
Claimant short name:
CICIARELLI
Footnote (claimant name) :

Defendant(s):
STATE OF NEW YORK
Footnote (defendant name) :
The court sua sponte amends the caption to reflect the only properly named defendant.
Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
93020
Motion number(s):
M-63048
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
McMahon Kublick McGinty & Smith, P.C.(Elizabeth C. McGinty, Esq., of counsel)
Defendant's attorney:
Hon. Eliot Spitzer, Attorney General(Patricia M. Bordonaro, Esq., Assistant Attorney Genral)
Third-party defendant's attorney:

Signature date:
March 22, 2001
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The claimant having moved for an order authorizing and compelling them to compromise the
action of Joseph Ciciarelli. Defendant, State of New York, has opposed the motion to approve the proposed Supplemental Needs Trust.
Now upon reading and filing the affidavit of Joanne (Ciciarelli) Walts sworn to the 9th day of January, 2001, the affidavit of Joanne Trombley sworn to the 11th day of January, 2001, the affidavit of James P. Ciciarelli sworn to the 11th day of January, 2001 and the affirmation of Elizabeth C. McGinty, Esq. dated January 22, 2001 together with the exhibits annexed thereto, and having considered the affirmation in opposition of Patricia M. Bordonaro, Esq. dated March 7, 2001with exhibit annexed and further having reviewed the hospital records and medical information previously filed with the court and it appearing that on September 21, 1995, Joanne (Ciciarelli) Walts, mother of Joseph Ciciarelli was issued letters of guardianship pursuant to Article 17-A of the Surrogate's Court Procedure Act and it appearing that the best interest of Joseph Ciciarelli will be served.
Now on motion of McMahon, Kublick, McGinty & Smith, P.C., Elizabeth C. McGinty, Esq., of counsel, attorneys for the claimant, it is
ORDERED that Joanne (Ciciarelli) Walts as mother and guardian of Joseph Ciciarelli be and she is hereby authorized to enter into a compromise of this claim of Joseph Ciciarelli against the defendant State of New York, for the sum of Three Hundred Thousand Dollars, ($300,000) and it is further
ORDERED that out of the sum of said Three Hundred Thousand Dollars, (300,000), the firm of McMahon, Kublick, McGinty & Smith, P.C., the attorneys for the claimant be awarded the sum of Twenty Four Thousand Five Hundred Ninety Eight Dollars and 52/100, ($24,598.52) for costs and disbursements expended in pursuit of the claim and that further said law firm be awarded out of the settlement amount, the sum of Ninety One Thousand Eight Hundred Dollars and 99/100, ($91,800.99) as attorneys fees and it is further
ORDERED that the sum of One Hundred Eighty Three Thousand Six Hundred Dollars and 49/100, ($183,600.49) be paid to the trustee of a Supplemental Needs Trust for the benefit of Joseph Ciciarelli, said trust to be approved by the Onondaga County Surrogate's Court and it is further
ORDERED that payment and disbursement of the settlement amount of Three Hundred Thousand Dollars, ($300,000) be stayed pending approval of the Supplemental Needs Trust for the benefit of Joseph Ciciarelli by the Onondaga County Surrogate's Court and it is further
ORDERED that in the event the Supplemental Needs Trust for the benefit of Joseph Ciciarelli shall not be approved by the Onondaga County Surrogate's Court or shall be unable to be established then the terms and conditions of this settlement order shall become void and this matter shall return to the trial calendar and it is further
ORDERED that Joanne (Ciciarelli) Walts, upon approval of the Supplemental Needs Trust and upon receipt of the settlement amount shall simultaneously therewith deliver a general release of the claim of Joseph Ciciarelli discharging the defendant, State of New York, from all further obligations in respect thereto and it is further
ORDERED that the filing of a bond be in the same is hereby dispensed with except as determined and established by any subsequent order of the Onondaga County Surrogate's Court.

March 22, 2001
Saratoga Springs, New York

HON. THOMAS J. MCNAMARA
Judge of the Court of Claims


Papers Submitted:

  1. Notice of Motion dated January 22, 2001.
  2. Affirmation of Elizabeth C. McGinty, Esq. dated January 22, 2001 with exhibits annexed.
  3. Affidavit of Joanne (Ciciarelli) Walts sworn to the 9th day of January, 2001 with exhibit annexed.
  4. Affidavit of James P. Ciciarelli sworn to the 11th day of January, 2001.
  5. Affidavit of Joanne Trombley sworn to the 11th day of January, 2001.
  6. Trust Agreement dated January 11, 2001.
  7. Affirmation in Opposition of Patricia M. Bordonaro, Esq. dated March 7, 2001 with exhibit annexed.