New York State Court of Claims

New York State Court of Claims
RILEY v. THE STATE OF NEW YORK, # 2009-016-044, Claim No. 66694, Motion No. M-76767

Synopsis

Case information

UID: 2009-016-044
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): M-76767
Cross-motion number(s):
Judge: Alan C. Marin
Claimant's attorney: Derek P. McDowell, Esq.
Defendant's attorney: Andrew M. Cuomo, Attorney General
By: Gwendolyn Hatcher, Esq., AAG
Third-party defendant's attorney:
Signature date: August 10, 2009
City: New York
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

In a previous Decision and Order on motion no. M-74375, it was ordered that American Mayflower Life Insurance Company of New York should disburse all unpaid settlement funds awarded to claimants to account number 237005184040 of the Bank of America in Goldsboro, North Carolina.

Thereafter, Genworth Life Insurance Company of New York, on behalf of its subsidiary American Mayflower, complied with the Decision and Order, but its check dated January 8, 2009 in the amount of $30,000 was returned by the Bank of America as the account in question had been closed. Genworth then wrote to counsel for claimants, advising that "we need a new court order with instructions on how to disburse payments." See exhibit F to claimants' moving papers.

According to counsel, Betty Riley was unable to reopen said account or to open a new account at Bank of America, so she instead opened "a new bank account with RBC Bank (USA) at [the] branch located at 500 North Berkley Boulevard, Goldsboro, N.C. 27534, under Betty Riley a/k/a Betty Riley Slater, Guardian for Tanya Riley, account number 075-3216244." See 13-14 of the May 26, 2009 affirmation of Derek P. McDowell, Esq. Claimants thus seek an order directing that payment be made to the new bank account. Defendant takes no position on the motion.

In view of the foregoing, having reviewed the submissions(1) , IT IS ORDERED that motion no. M-76767 be granted and that within thirty (30) days of service upon it of this Decision and Order, Genworth Life Insurance Company of New York (for its subsidiary American Mayflower Life Insurance Company of New York) shall disburse all unpaid settlement funds awarded to claimants to account number 075-3216244 of RBC Bank (USA), at the branch located at 500 North Berkley Boulevard, Goldsboro, N.C. 27534, payable to Betty Riley a/k/a Betty Riley Slater, Guardian for Tanya Riley.

IT IS FURTHER ORDERED that within thirty (30) days of the filing of this Decision and Order, claimants shall serve a copy upon Genworth Life Insurance Company of New York by certified mail, return receipt requested.

August 10, 2009

New York, New York

Alan C. Marin

Judge of the Court of Claims


1. The following were reviewed: claimants' notice of motion with affirmation in support and exhibits A through H; and defendant's "Reply Affirmation."