New York State Court of Claims

New York State Court of Claims

SHAMS v. THE STATE OF NEW YORK, #2008-038-116, Claim No. 112269


Synopsis



Case Information

UID:
2008-038-116
Claimant(s):
BEHZAD BOB SHAMS, BEHZAD BOB SHAMS, as Legal Guardian of MARCUS SHAMS, and BEHZAD BOB SHAMS, as Legal Guardian of ALEXANDER SHAMS
Claimant short name:
SHAMS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
112269
Motion number(s):

Cross-motion number(s):

Judge:
W. BROOKS DeBOW
Claimant’s attorney:
DeBENEDITTIS & ALTMAN, PCBy: Mark L. DeBenedittis, Esq.
Defendant’s attorney:
ANDREW M. CUOMO, Attorney General of the State of New York
By: Todd A. Schall, Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
July 30, 2008
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This claim, filed on April 28, 2006, seeks compensation for injuries claimants sustained on January 29, 2006, when a state-owned vehicle operated by a state employee struck a parked car in which claimants were sitting. Claimant Behzad Bob Shams filed this petition on behalf of his infant sons, claimants Marcus Shams and Alexander Shams, seeking this Court’s approval of a settlement of their claims against the State pursuant to CPLR § 1207. Claimants Behzad Bob Shams, Marcus Shams and Alexander Shams, along with their attorney, Mark L. DeBenedittis, Esq., personally appeared before the Court at an infant settlement hearing in Hauppauge, New York on July 24, 2008. At the time of the hearing, the parties had agreed to a total settlement in the amount of thirty seven thousand, five hundred dollars ($37,500.00), and that amount had been paid by defendant and placed into an escrow account by Mr. DeBenedittis, pending approval of the amount and terms of the settlement. The Court, having examined the infant claimants, Marcus Shams and Alexander Shams, finds that the proposed settlements for the infant claimants in the petition are fair and reasonable compensation for the injuries claimed by each infant claimant. Accordingly, it is

ORDERED, that Behzad Bob Shams, the father, custodial parent and legal guardian of Marcus Shams and Alexander Shams, be and is hereby authorized and empowered to settle the these claims of the infants and himself for the sum of Thirty Seven Thousand Five Hundred ($37,500.00) Dollars with the State of New York and Cool Risk Management, which sum of Thirty Seven Thousand Five Hundred ($37,500.00) Dollars shall be paid and disbursed as follows:

(A) The sum of $12,827.34 to DeBenedittis & Altman, P.C., representing 33 1/3 percent of the settlement plus disbursements of $339.84, as and for legal services rendered in connection with the pursuit of the claim on behalf of Behzad Bob Shams and his infant children, Marcus Shams and Alexander Shams.

(B) The sum of $8,224.22 payable to Behzad Bob Shams, as Legal Guardian of the infant, Marcus Shams, for the sole use and benefit of Marcus Shams, as and for his portion of the Settlement.

(C) The sum of $8,224.22 payable to Behzad Bob Shams, as Legal Guardian of the infant, Alexander Shams, for the sole use and benefit of Alexander Shams, as and for his portion of the Settlement.

(D) The sum of $8,224.22 payble to Behzad Bob Shams, as and for his share of the Settlement; and it is further,

ORDERED, that the aforesaid sum of $8,224.22, made payable to Behzad Bob Shams, as Legal Guardian of the infant, Marcus Shams, shall be deposited in a federally-insured bank in an interest-bearing account in the name of Behzad Bob Shams, as Legal Guardian of Marcus Shams, for the sole use and benefit of the infant herein, subject to further Order of this Court, and that no withdrawal shall be made except upon Marcus Shams attaining the age of majority or upon the Order of this Court; and it is further,

ORDERED, that the aforesaid sum of $8,224.22, made payable to Behzad Bob Shams, as Legal Guardian of the infant, Alexander Shams, shall be deposited in a federally-insured bank in an interest-bearing account in the name of Behzad Bob Shams, as Legal Guardian of Alexander Shams, for the sole use and benefit of the infant herein, subject to further Order of this Court, and that no withdrawal shall be made except upon Alexander Shams attaining the age of majority or upon the Order of this Court.

July 30, 2008
Albany, New York

HON. W. BROOKS DEBOW
Judge of the Court of Claims


Papers considered:


(1) Notice of Petition to Settle Claim, dated May 29, 2008;

(2) Petition to Settle Claim, sworn to May 29, 2008, with Exhibits A-D;

(3) Affirmation in Support of Petition to Settle Claim of Mark L. Benedittis, Esq., dated May 29, 2008.