New York State Court of Claims

New York State Court of Claims

RILEY v. THE STATE OF NEW YORK, #2008-016-057, Claim No. 66694, Motion No. M-74375


Synopsis



Case Information

UID:
2008-016-057
Claimant(s):
BETTY RILEY, Individually and as Guardian Ad Litem of TANYA RILEY, an infant
Claimant short name:
RILEY
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
66694
Motion number(s):

Cross-motion number(s):
M-74375
Judge:
Alan C. Marin
Claimant’s attorney:
Derek P. McDowell, Esq.
Defendant’s attorney:
Andrew M. Cuomo, Attorney GeneralBy: Gwendolyn Hatcher, Esq., AAG
Third-party defendant’s attorney:

Signature date:
October 14, 2008
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This claim was settled pursuant to a December 9, 1983 Order of the Hon. Frank S. Rossetti (the “Order”). Claimants now move for an order directing American Mayflower Life Insurance Company of New York to make payment of unpaid settlement funds. Pursuant to ¶5 of the Order, a series of payments were to be disbursed in intervals and made payable to “Betty Riley as Guardian of Tanya Riley and an Officer of the Banks designated by this Order, as set out below, to be deposited in said Banks, or their successors in interest . . .” One of the banks was Ridgewood Savings Bank in Brooklyn; payments to such bank were to be made in 2000 and 2005.

In a May 10, 2005 letter, American Mayflower Life Insurance Company of New York informed Betty Riley (now known as Betty Slater) that:
A payment due to you as Guardian of Tanya Riley and an Officer of Ridgewood Savings Bank has been returned to our office because Ridgewood Savings Bank either does not exist anymore or has moved. . . . In May of 2000, the first and only other payment due for the payee listed above was stopped and never reissued. Our office informed you at that time that in order to reissue the payment, you would need to petition the courts to have the check made payable to you as guardian and another bank that currently exists . . .”


See exhibit B to the April 29, 2008 affirmation of Derek P. McDowell, Esq. (the “McDowell Aff.”).

According to counsel for claimants, they do not reside in New York City and wish the funds to be placed in an account in a bank with branch facilities near their current residence in Goldsboro, North Carolina. Counsel states that the Bank of America has a branch at 280l Cashwell Drive, Goldsboro, NC 27534, and claimants have opened an account there. See ¶¶8-10 of the McDowell Aff. and exhibits C and D thereto.

In view of the foregoing, having reviewed the submissions[1], IT IS ORDERED that motion no. M-74375 be granted and that within thirty (30) days of service upon it of this Decision and Order, American Mayflower Life Insurance Company of New York shall disburse all unpaid settlement funds awarded to claimants to account number 237005184040 of the Bank of America, 2801 Cashwell Drive, Goldsboro, North Carolina 27534.

IT IS FURTHER ORDERED that within thirty (30) days of the filing of this Decision and Order, claimants shall serve a copy upon American Mayflower Life Insurance Company of New York, at P.O. Box 6158, Lynchburg, VA 24505 by certified mail, return receipt requested.


October 14, 2008
New York, New York

HON. ALAN C. MARIN
Judge of the Court of Claims




[1].The following were reviewed: claimants’ December 11, 2007 notice of motion with affirmation in support and exhibits A through C; claimants’ April 29, 2008 notice of motion with affirmation in support and exhibits A through D; and defendant’s reply affirmation, in which defendant takes no position on this motion.