Opinion
1:17-CV-05692 (PGG) (KNF)
11-19-2021
M.G., a minor, by and through his parent and natural guardian R.G.; G.J., a minor, by and through his parent and natural guardian, C.J., on behalf of themselves and a class of those similarly situated; and BRONX INDEPENDENT LIVING SERVICES, a nonprofit organization, Plaintiffs, v. THE NEW YORK CITY DEPARTMENT OF EDUCATION; THE CITY OF NEW YORK; MEISHA PORTER, in her official capacity as Chancellor of the New York City Department of Education, Defendants.
PAUL G. GARDEPHE UNITED STATES DISTRICT JUDGE
Dear Judge Gardephe:
The parties to the above-entitled action jointly submit this letter motion to supplement their September 20, 2021 application for payment of class representative service awards to the individual Plaintiffs' guardians ad litem, pursuant to the Court's November 9, 2021 order, so that it complies with the requirements of C.P.L.R. § 1208.
On September 13, 2017, this Court granted the application of each of the individual Plaintiffs' mothers to serve as their respective guardians ad litem in this action. ECF Nos. 27, 28. On June 22, 2021, the Court granted final approval of the parties' settlement, ECF. No. 112. This settlement includes a provision under which the New York City Department of Education (“DOE”) agreed to pay $2,000 each in class representative service awards to the two individual Plaintiffs. ECF No. 99-4 at 22.
The parties now seek an order, consistent with their settlement, directing payment to Plaintiffs' guardians ad litem, for the benefit of the infant Plaintiffs. Under C.P.L.R. § 1206(b), regarding the disposition of proceeds from the claim of an infant, a person judicially declared as incompetent, or a conservatee, “if the value of the property does not exceed ten thousand dollars the court may order the property distributed to a person with whom such infant, incompetent or conservatee resides or who has some interest in his welfare to be held for the use and benefit of such infant, incompetent or conservatee.” C.P.L.R. § 1206(b).
Here, the class member service awards to M.G. and G.J. are each under $10,000. The Court has already determined that Plaintiffs' mothers R.G. and C.J. are competent to appropriately represent the interests of their children. See also Declaration of R.G. in Support of Application for Guardian Ad Litem, ECF No. 24 at 4; Declaration of C.J. in Support of Application for Guardian Ad Litem, ECF No. 25 at 3.
The declarations of R.G. and C.J. pursuant to C.P.L.R. § 1208(a) further demonstrate that R.G. and C.J. are appropriate recipients for these funds. R.G. and C.J. reside with their respective children, have interest in their welfare, and will hold the funds for the use and benefit of their respective children. Ex. A (Declaration of R.G. pursuant to C.P.L.R. § 1208(a)); Ex. B (Declaration of C.J. pursuant to C.P.L.R. § 1208(a)).
The individual Plaintiffs are both represented by counsel—attorneys at Disability Rights Advocates. Ex. C (Declaration of Rebecca Serbin pursuant to C.P.L.R. § 1208(b).
This application does not include a medical or hospital report under C.P.L.R. § 1208(c) as this action did not include a claim for personal injuries to the minor Plaintiffs. The Court may hold a hearing on this matter under C.P.L.R. § 1208(d) but is not required to do so under the statute.
It is the parties' understanding that this supplemental request now meets all the requirements for compliance with C.P.L.R. § 1208.
We thank the Court for its assistance in this matter.
(EXHIBIT A OMITTED)