|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) :|
|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|
|See also (multicaptioned case)|
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."