FILED: SUFFOLK COUNTY CLERK 11/09/2018 10:58 AM
`UuitedLa*yers
`RECEIVED NYSCEF: 11/09/2018
`NYSCEF DOC. NO. 95
`
`INDEX NO. 064226/2014
`
`Y
`
`v
`
`At an IAS Term, Part 37 of the Supreme
`Court of the State of New York. held in
`and for the County of Suffolk at I Court
`Street. Riverhead. Counly oi \Blk.
`S.tate of Nery York on the !2= day of
`lbtfu{20t8
`
`PRESENT:
`HON, JOSEPH FARNETI,
`fu's'c'
`
`MARIA MUIR, as Administrator of the Goods, Chattels,
`and Credits which were of RACHEL MUIR, deceased,
`and MANA MUIR, Individually,
`
`X
`
`Plaintiffs,
`
`- against -
`
`Index No. 64226/2014
`
`AME,NDED ORDER
`
`GUSTAVO SAN ROMAN, M.D., MICHELLE MAYER,
`C.N.M., and ST. CHARLES HOSPITAL,
`
`Defendants.
`
`X
`
`Upon reading and filing the annexed petition of MARIA MUIR, as Administrator of the
`
`Goods, Chattels, and Credits which were of RACHEL MUIR, deceased, duly swom to on the
`
`9th day of May, 2018; the affidavit of Ira M. Newman, Esq. duly swom to the 9th day of May,
`
`2018, and the exhibits attached hereto, the affidavit ofJoshua Fogel, Esq. duly swom to the 29th
`
`day ofOctober, 2018, the Order of this Court dated the 12th day ofJune, 2018, and upon all the
`
`pleading and proceedings heretolore had herein, and after due deliberation thereon,
`
`AND it appearing that the best interest ofthe Estate will be served by the settlement
`
`herein;
`
`NOW, upon motion of SANOCKI NEWMAN & TURRET, LLP, the attorneys for the
`
`plaintiff, it is hereby:
`
`1 of 5
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`
`UuitedLa*yers
`RECEIVED NYSCEF: 11/09/2018
`NYSCEF DOC. NO. 95
`
`INDEX NO. 064226/2014
`
`Y
`
`v
`
`At an IAS Term, Part 37 of the Supreme
`Court of the State of New York. held in
`and for the County of Suffolk at I Court
`Street. Riverhead. Counly oi \Blk.
`S.tate of Nery York on the !2= day of
`lbtfu{20t8
`
`PRESENT:
`HON, JOSEPH FARNETI,
`fu's'c'
`
`MARIA MUIR, as Administrator of the Goods, Chattels,
`and Credits which were of RACHEL MUIR, deceased,
`and MANA MUIR, Individually,
`
`X
`
`Plaintiffs,
`
`- against -
`
`Index No. 64226/2014
`
`AME,NDED ORDER
`
`GUSTAVO SAN ROMAN, M.D., MICHELLE MAYER,
`C.N.M., and ST. CHARLES HOSPITAL,
`
`Defendants.
`
`X
`
`Upon reading and filing the annexed petition of MARIA MUIR, as Administrator of the
`
`Goods, Chattels, and Credits which were of RACHEL MUIR, deceased, duly swom to on the
`
`9th day of May, 2018; the affidavit of Ira M. Newman, Esq. duly swom to the 9th day of May,
`
`2018, and the exhibits attached hereto, the affidavit ofJoshua Fogel, Esq. duly swom to the 29th
`
`day ofOctober, 2018, the Order of this Court dated the 12th day ofJune, 2018, and upon all the
`
`pleading and proceedings heretolore had herein, and after due deliberation thereon,
`
`AND it appearing that the best interest ofthe Estate will be served by the settlement
`
`herein;
`
`NOW, upon motion of SANOCKI NEWMAN & TURRET, LLP, the attorneys for the
`
`plaintiff, it is hereby:
`
`1 of 5
`
`
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`FILED: SUFFOLK COUNTY CLERK 11/09/2018 10:58 AM
`NYSCEF DOC. NO. 95
`
`INDEX NO. 064226/2014
`
`RECEIVED NYSCEF: 11/09/2018
`
`ORDERED, that MARIA MUIR, the petitioner and Administrator of the Goods,
`
`Chattels, and Credits which were of RACHEL MUIR, deceased, i.s grantgd leaye to gettle all
`os a-qinsl dz*:udut
`llosPrr*u- A
`
`causes of action of the decedent. RACHEL MUIR: and itYs further
`€T elALl.€s
`ORDERED, that MARIA MUIR, the petitioner and Administrator of the Goods,
`
`Chattels, and Credits which were of RACHEL MUIR, is authorized and empowered to settle
`
`and compromise all causes of action against defendant ST. CHARLES HOSPITAL for the total
`
`sum of ONE MILLION SEVEN HLNDRED FIFTY THOUSAND and 00/100 ($1,750,000.00)
`
`W
`
`DOLLARS; and it is further
`
`ORDERED, that the Limitations of the Letters of Administration are hereby modified
`
`so as to allow the settlement herein and MARIA MUIR, the petitioner and Administrator of the
`
`Goods, Chattels, and Credits which were of RACHEL MUIR, deceased, be and hereby is
`
`empowered, authorized and permitted to execute and deliver 1o defendants and/or their
`
`attomeys and/or their insurance entities/carriers such releases, discontinuances, and other
`
`closing documents and any other papers necessary to effectuate the settlement and collection
`
`proceeds and to release and discontinue with prejudice all causes of action as against ST.
`
`CHARLES HOSPITAL; and it is further
`
`ORDERED, that defendant ST. CHARLES HOSPITAL and/or its insurance carrier(s)
`
`pay the settlement proceeds in the sum of ONE MILLION SEVEN HLINDRED FIFTY
`
`THOUSAND and 00/100 ($ I ,750,000.00) DOLLARS pursuant to CpLR 5003-a by check
`
`made payable to:
`
`MARIA MUIR, as Administrator of the Estate of MCHEL MUIR,
`deceased, and SANOCKI NEWMAN & TURRET, LLp, as auorneys; utd it
`is further
`
`2 of 5
`
`
`
`FILED: SUFFOLK COUNTY CLERK 11/09/2018 10:58 AM
`NYSCEF DOC. NO. 95
`
`INDEX NO. 064226/2014
`
`RECEIVED NYSCEF: 11/09/2018
`
`ORDERED, that upon receipt, SANOCKI NEWMAN & TURRIT, LLP
`
`shall deposit the gross settlement proceeds in the sum of ONE MILLION SEVEN
`
`HTINDRED FIFTY THOUSAND and 00/100 ($1,750,000.00) DOLLARS into an
`
`interest bearing escrow accounU and it is further
`
`ORDERED, that attomeys' disbursements are approved in the total sum of SEVEN
`
`THOUSAND ONE HLTNDRED THIRTY EIGHT and 141100 ($7,138.14) DOLLARS; and it is
`
`further
`
`Mkw
`
`ORDERED, that upon receipt and clearance of the settlement proceeds, and upon
`submission . ,n'r
`
`of filing the petition for allocation and distribution in the
`
`$;i{[E:of
`Sunogate's Court. #J+ts County, SANOCKI NEWMAN & TURRET, LLP is permitted and
`
`authorized to collect its disbursements in the amount of SEVEN THOUSAND ONE
`
`HUNDRED THIRTY EIGHT and 141100 ($7,138.14) DOLLARS, as and for its attomeys'
`
`disbursements; and it is further
`
`ORDERED, that the motion of SANOCKI NEWMAN & TURRET, LLP, as attomeys
`
`for the plaintiff, for attorneys' fees in the total amount of THREE HLINDRED TWENTY
`
`FOUR THOUSAND TWO HUNDRED EIGHTY SIX and 18/100 ($324,286.18) DOLALRS,
`
`is hereby granted and approved by the Court as reasonable andjust; and it is further
`
`ORDERED, that upon receipt and clearance ofthe settlement proceeds and upon
`
`submission ,. ,n,.
`
`S5p6p1f
`surrogate's Court.J(i*6rCounty, SANOGKI NEWMAN & TURRET, LLp is permitted and
`
`of filing the petition for allocation and distribution in the
`
`authorized to collect its attomeys' fees in the amount of rHREE HLTNDRED TwENTy FouR
`THOUSAND Two HUNDRED EIGHTY SIX and ls/100 ($324,286.18) DOLALRS; and it is
`further
`
`3 of 5
`
`
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`FILED: SUFFOLK COUNTY CLERK 11/09/2018 10:58 AM
`NYSCEF DOC. NO. 95
`
`INDEX NO. 064226/2014
`
`RECEIVED NYSCEF: 11/09/2018
`
`ORDERED, that upon receipt and clearance of the settlement SANOCKI
`
`NEWMAN & TURRET, LLP shall draw a check from the interest bearing escrow
`
`account to pay the lien asserted against the decedent's Estate by Suffolk County
`
`Department of Social Services in the amount oITWO HUNDRED SIXTY
`
`THOUSAND TWO HUNDRED EIGHTY FOUR and 491100 ($260,284.49)
`
`DOLLARS; and it is further
`
`ORDERED, that upon receipt and clearance of the settlement SANOCKI
`
`NEWMAN & TURRET, LLP shall draw a check from the interest bearing escrow
`
`account to pay the lien asserted against the decedent's Estate by Blue Cross and
`
`Blue Shield of Texas in the amount of SEVEN HLTNDRED TWENTY NINE
`
`FOUR HUNDRED NINETY and 06/100 ($729,490.06) DOLLARS; and i1 is
`
`further
`
`ORDERED, that out of the balance of the settlement proceeds in the sum
`
`of FOUR HUNDRED TWENTY EIGHT THOUSAND EIGHT HLINDRED ONE
`
`and l3l100 ($428,801.13) DOLLARS, the sum of FORTY THOUSAND and
`
`00/100 ($40,000.00) shall remain in the interest bearing escrow account to be
`
`available to SANOCKI NEWMAN & TURRET, LLP to withdraw and pay
`
`expenses incurred in the continued prosecution ofthe causes ofaction against the
`
`non-settling defendant GUSTAVO SAN ROMAN, M.D. as said case proceeds and
`
`during the prosecution ofsaid case against the remaining defendants and the
`
`remaining balance, ifany, be withheld from distribution to the distributees of the
`
`Estate until further Order of the Courtl and it is further
`
`4
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`4 of 5
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`
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`FILED: SUFFOLK COUNTY CLERK 11/09/2018 10:58 AM
`NYSCEF DOC. NO. 95
`
`INDEX NO. 064226/2014
`
`RECEIVED NYSCEF: 11/09/2018
`
`ORDERED, that the then remaining balance of the settlement proceeds in the sum of
`
`THREE HLINDRED EIGHTY EIGHT THOUSAND EIGHT HUNDRED ONE ANd I3l1OO
`
`($388,801.13) DOLLARS shall remain in an interest bearing escrow "g;Hl.Prt approval
`ofthe allocation and distribution ofthe same by the Surrogate's Court, Xjags County pursuant
`
`to EPTL 95-4.6; and
`
`ORDERED that the giving of a bond or other security in connection
`
`therewith is hereby dispensed with; and it is further
`
`ORDERED, that SANOCKI NEWMAN & TURRET, LLP shall continue
`
`to serve as attomeys for the Estate of RACHEL MUIR until the entry of a final
`
`decree in the Surrogate's Court.
`
`ENTER:
`
`Em. Joseph Faroeti
`
`GRANTED
`
`Nov 05 2u18
`
`Judith A. Pascale
`CLERK OF SUFFOLK COU,'ITY
`
`5 of 5
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