At IAS Part 10 of the Supreme Court of the State of New York, held in and for the County of Queens, at the Courthouse located at 88-11 Sutphin Boulevard, Jamaica, New York, New York on the _________day of December 2024.

D.F., initials intended to protect the privacy of the infant, an infant by his mother and natural guardian, Hiscardys Gutierrez, and Hiscardys Gutierrez, Individually, Plaintiffs, -against-

The Court herein addresses the fact that un-redacted Confidential Personal Information is included in this Order and is based upon this Court’s express finding that good cause exists pursuant to Rule 202.5[e][2] in that the inclusion of the full name and date of birth of the minor, as well as related information, is material and necessary to effectuate the Order of this Court.

Upon the reading and filing of the annexed Affidavit of plaintiff Hiscardys Gutierrez, mother and natural guardian of Daniel Figueroa, duly sworn to the 4th day of December 2023, the Affidavit of plaintiff Daniel Figueroa, duly sworn to the 28th day of December 2023, the Affirmation, dated March 18, 2024 of Paul A. Marber, of The Rosato Firm, PC, attorneys for the Plaintiffs, the Supplemental Affidavit of plaintiff Hiscardys Gutierrez, mother and natural guardian of Daniel Figueroa, duly sworn to the 9th day of September 2024, and it appearing that the infant plaintiff Daniel Figueroa is over the age of fourteen (14) years, having been born on May 4, 2007, and the Court having examined the mother on December 11, 2024, and it appearing to the satisfaction of this Court that the best interests of the infant will be served, and upon all of the papers, pleadings, and proceedings heretofore had herein, NOW, on motion of THE ROSATO FIRM, PC, attorneys for the Plaintiffs, it is ORDERED, that the entire claim is settled for the total sum of FORTY THOUSAND DOLLARS ($40,000.00); and it is further ORDERED, that the entire amount of the settlement proceeds shall be allocated to the claim for personal injuries of Daniel Figueroa; and it is further ORDERED, that the expenses and disbursements of THE ROSATO FIRM, PC in the sum of Eight Hundred Eighty-eight Dollars and Thirteen Cents ($888.13) are hereby approved; and it is further ORDERED, that the attorneys’ fee of THE ROSATO FIRM, PC in the sum of Thirteen Thousand Thirty-seven Dollars and Twenty-nine Cents ($13,037.29), constituting one-third (1/3) of the net recovery, are hereby approved; and it is further ORDERED, that HISCARDYS GUTIERREZ, as mother and natural guardian of Daniel Figueroa be, and he hereby is, authorized, empowered, and permitted to enter into a compromise and settlement of the claim for personal injuries of Daniel Figueroa, for the sum of FORTY THOUSAND DOLLARS ($40,000.00), to be paid by THE CITY OF NEW YORK and THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK; and it is further ORDERED, upon the consent of HISCARDYS GUTIERREZ, the derivative, parental claim on behalf of HISCARDYS GUTIERREZ is hereby discontinued and dismissed; and it is further ORDERED, that upon receipt of this Order and a General Release or other such similar closing documents, THE CITY OF NEW YORK and THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK, shall pay to THE ROSATO FIRM, PC the sum of Eight Hundred Eighty-eight Dollars and Thirteen Cents ($888.13), as and for its expenses and disbursements; and it is further ORDERED, that upon receipt of this Order and a General Release or other such similar closing documents, THE CITY OF NEW YORK and THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK shall pay to THE ROSATO FIRM, PC the sum of Thirteen Thousand Thirty-seven Dollars and Twenty-nine Cents ($13,037.29) as and for its attorneys’ fee; and it is further ORDERED, that upon receipt of this Order and a General Release or other such similar closing documents, THE CITY OF NEW YORK and THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK shall, within ninety (90) days of the execution of this Order [CPLR Sec.

5003-a(b)], make a current payment of the sum of and Twenty- six Thousand Seventy-four Dollars and Fifty-eight Cents ($26,074.58), to be deposited jointly with an officer of Queens Community Bank, located at 104-08 Rockaway Beach Boulevard, Queens, NY 11694; said sum to be deposited in a Time Deposit or Certificate of Deposit Account in the name of HISCARDYS GUTIERREZ, as mother and natural guardian of Daniel Figueroa, to the credit of said infant, and to be held for the sole use and benefit of the infant in an account paying the highest rate of interest available, subject to further Order of the Court until the infant reaches the age of 18 years on May 4, 2025, and that no withdrawals shall be made except upon the further Order of this Court or as otherwise contained herein; and it is further ORDERED, that the aforementioned Time Deposit Certificate of Deposit account shall be continuously renewed upon maturity at the highest rate of interest then available, except that the date of maturity shall not extend beyond the eighteenth birthday of Daniel Figueroa, on May 4, 2025, and when no such Time Deposit or Certificate of Deposit account is available, the accumulated funds shall then be placed in the bank’s Insured Money Market Account; and it is further ORDERED, that said depository is authorized and directed to maintain at least 100% of said funds in a form of account having the highest interest yield available providing that the date of maturity of said account shall not extend beyond the date when Daniel Figueroa attains the age of 18 years on May 4, 2025; and it is further ORDERED, that Daniel Figueroa shall have no right of withdrawal from any of the aforementioned bank account, including any Insured Market Account, until Daniel Figueroa shall attain his eighteenth birthday, on May 4, 2025, except upon further Order of this Court, which shall be certified by the Clerk of the Court; and it is further ORDERED, that when Daniel Figueroa shall have attained the age of eighteen (18) years, on or after May 4, 2025, and upon demand therefore, together with presentation of the proper proof of age, said Bank is directed to pay over to said infant all monies then on deposit in said account(s), together with any interest accrued thereon; and it is further ORDERED, that upon delivery of a certified statement by a certified public accountant, and a copy of a Federal and State Tax Return of Daniel Figueroa, withdrawal can be made without an Order of the Court for payment to the Internal Revenue Service and the New York State Department of Taxation, by Queens Community Bank, located at 104-08 Rockaway Beach Boulevard, Queens, NY 11694, and it is further ORDERED, that the fee of the certified public account will likewise be paid without further Order of the Court upon delivery to Queens Community Bank, of a certified bill of said certified public accountant, provided said bill does not exceed TWO HUNDRED FIFTY DOLLARS ($250.00); and it is further ORDERED, that HISCARDYS GUTIERREZ, as parent of Daniel Figueroa, be, and he hereby is, directed, authorized, and empowered to execute such releases and other ancillary documents reasonably required by THE CITY OF NEW YORK and THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK to effectuate the settlement; and it is further ORDERED, that the filing of a bond, or other security, is dispensed with.