Opinion
7:19-cv-11588-PED
04-28-2022
MICHAEL A. BROWN and RICHARD J, MILLER Plaintiffs, v. NEW YORK STATE TROOPER E. E, REISER and NEW YORK STATE TROOPER T. A. CHARKO, Defendants.
ORDER ON CONSENT FOR SUBSTITUTION F.R.C.P. RULE 25(A)
Paul E. Davison United States Magistrate Judge.
WHEREAS, Plaintiff Richard J. Miller (hereafter, sometimes referred to as “Mr. Miller”) died on October 5, 2021, during the pendency of this action; and, WHEREAS, a Motion pursuant to F.R.C.P, Rule 25(a) was timely made for an Order substituting Ms. Joan Serrecchia, Mr, Miller's mother, for Mr, Miller by reason of his demise; and, WHEREAS, after the Motion was submitted, and a subsequent Affidavit consenting to Ms. Joan Serrecchia's substitution was obtained from Mr. Miller's sole distributee (i.e,, his daughter Alexandria Miller), counsel for the Defendants consented to her substitution for Mr. Miller;
WHEREAS, Defendants' consent to entering into this Stipulation is conditioned upon the understanding that Ms, Joan Scrrecchia is to be the exclusive representative of deceased Plaintiff Richard J. Miller's estate as pertains to all matters concerning this lawsuit, that no other person or entity will pursue any claim that has been or could be raised in this lawsuit against Defendants, the State of New York, the New York State Police (NYSP), or their agents and assignees, and that Ms, Joan Serrecchia agrees to hold harmless Defendants, the State of New York, N YSP, and their agents and assignees, from any claim by such person or entity;
NOW, THEREFORE, on motion of Bloom & Bloom, P.C. attorneys for Plaintiff Michael Brown and to be substituted party, Ms, Joan Serrecchia, it is hereby
ORDERED, that Joan Serrecchia is hereby substituted for the late Plaintiff, Richard J. Miller pursuant to F.R.C.P. Rule 25(a); and, it is further
ORDERED, that the caption of the action is now amended to read: