Citation Codes Equivalent Citations citation codes Docket Number 97-CV-613 Attorney(S) Elizabeth L. Koob, Esq., Koob Magoolaghan, New York, New York, for Plaintiffs. DONALD S. THOMSON, ESQ., DAVIDSON O'MARA, P.C., Elmira, NY, for Defendant John Johnson. HON. ELIOT SPITZER, Attorney General of the State of New York, SENTA B. SUIDA, ESQ., Asst. Attorney General, Albany, New York, for Defendant Stephen Farkas. EDWARD C. HOOKS, ESQ., HARRIS, BEACH WILCOX, LLP, Ithaca, NY, for Defendant Clarence Thomas. RAYMOND M. SCHLATHER, ESQ., LOPINTO, SCHLATHER, SOLOMON SALK, Ithaca, NY, for Defendants Jon Lackey and Gary Wood. JOHN P. RITTINGER, ESQ., LEVENE, GOULDIN THOMPSON, Binghamton, NY, for Defendants William Saphara and Eric Warner. ALFRED PANICCIA, JR., ESQ., YOUNG PANICCIA, Binghamton, NY, for Defendant Lilia Johnson. ALAN S. KAUFMAN, ESQ., CHAMBERLAIN KAUFMAN, Albany, NY, for Defendant Shelly Aubertine. Judges David N. Hurd See more information ... Smart Summary Please sign up to generate summary. LEE JACKSON, by his Guardian of the Person and Property, Kateenya Thomas, Plaintiffs, v. JOHN A. JOHNSON, Commissioner of the New York State Di ORDER DAVID N. HURD, United States District Judge On October 30, 2001, before Hon. David R. Homer, United States Magistrate Judge, the parties entered into an agreement to settle this matter for the sum of Nine Million Seven Hundred Fifty Thousand Dollars ($9,750,000.00), as reflected in the Stipulation and Order of Discontinuance pursuant to Fed.R.Civ.P. 41(a). Plaintiff has made an application for an order approving the distribution of the settlement proceeds for the totally disabled, incompetent plaintiff Lee Jackson. Upon consideration of the terms and conditions of the Stipulation and Order of Discontinuance; plaintiff's application; the defendants' response; the trust agreement; and the record in this matter, including, but not limited to, the reports by plaintiff's expert physicians documenting the physical and mental state of the incompetent in whose behalf the settlement was entered (Docket No. 361), it is ORDERED that 1. Defendants distribute the settlement proceeds of Nine Million Seven Hundred Fifty Thousand Dollars ($9,750,000.00) provided for in the Stipulation and Order of Discontinuance duly entered in this matter in four separate checks: a. A check in the amount of Six Million Two Hundred Forty-three Thousand Fifteen and 52/100 Dollars ($6,243,015.52) payable to "The Lee Trent Jackson Irrevocable Trust," which constitutes the net distribution to the plaintiff; b. A check in the amount of Two Million Seven Hundred Seventy-six Thousand Nine Hundred Eighty-four and 48/100 Dollars ($2,776,984.48) payable to plaintiff's attorneys, Koob Magoolaghan, which constitutes attorneys fees in the amount of Two Million Six Hundred Seventy-nine Thousand Eight Hundred Sixty-three and 79/100 Dollars ($2,679,863.79) and costs and disbursements in the amount of Ninety-seven Thousand One Hundred Twenty and 69/100 Dollars ($97,120.69), and constitutes payment in full for all work performed on behalf of Lee Jackson through the date of this Order, including work performed by counsel in the United States District Court for the Northern District of New York, the United States Court of Appeals for the Second Circuit, the New York State Court of Claims, and the Bronx County Surrogate's Court; c. A check in the amount of Seven Hundred Twenty Thousand Dollars ($720,000.00) payable to the Department of Social Services of the City of New York constituting the full payment of the Medicaid lien and all medical services provided on behalf of Lee Jackson in the past and to be provided to Lee Jackson up to the date of payment of the funds specified above to "The Lee Trent Jackson Irrevocable Trust;" d. A check in the amount of Ten Thousand Dollars ($10,000.00) payable to Kateenya Thomas for direct care medical services rendered to Lee Jackson; 2. In the event that interest becomes due and is paid pursuant to the terms of the Stipulation and Order of Discontinuance, defendants increase the amount of the above stated checks to include the interest attributable to that portion of the award; 3. Defendants mail the check made payable to the Department of Social Services of the City of New York to the Human Resources Administration, Office of Revenue Investigation, P.O. Box 4324 — Church Street Station, New York, New York 10261, and the remaining three checks to Koob Magoolaghan, 19 Fulton Street, Suite 408, New York, New York 10038; 4. Plaintiff establish "The Lee Trent Jackson Irrevocable Trust" pursuant to the Trust Agreement as executed on December 27, 2001, naming as Trustee The Bank of New York, to be administered in accordance with the following terms: a. The net settlement proceeds, as the principal of the Trust, shall be invested in instruments which are of an investment grade of an "A" quality or higher; b. The Trustee may withdraw funds as are necessary for the housing, schooling, and care of Lee Jackson at the Datahr Residential Home; c. Prior approval by court order must be obtained before expenditure of Trust funds for any other living arrangement for Lee Jackson; d. The Trustee may withdraw funds of a reasonable amount, when requested by Ms. Thomas as the guardian of the person and property of Lee Jackson, which are necessary for the health, education, maintenance, support, comfort, and care of Lee Jackson; e. The Trustee may withdraw funds to pay its reasonable expenses and compensation as provided by the New York Surrogate Court Procedure Act; e. Any substantial invasion of the Trust corpus requires prior approval by court order; f. Any change in the Trustee and/or any amendment of the administrative provisions of the Trust requires prior approval by court order; g. Use of the principal and/or income of the Trust to obtain a personal residence for or to improve a personal residence to accommodate the special needs of Lee Jackson requires prior approval by court order; and 5. Attendance of the incompetent Lee Jackson before the court on the matter of this settlement is excused for good cause shown. IT IS SO ORDERED.