UNITED STATES DISTRICT COURT DELOECCUTMREONNTIC ALLY FILED SOUTHERNDISTRICT OF NEW YORK DOC #: ----------------------------------------------------------------------- x DATE FILED: 1/6/2 021 MORTIA WALKER, on behalf of her infant son K.W., INFANT COMPROMISE Plaintiff, ORDER -against- 18CV4815 (MKV) CITY OF NEW YORK, POLICE OFFICER PHILLIP PENA, POLICE OFFICER PASQUALE DETHOMAS, SERGEANT GIBSON, POLICE OFFICER NICHOLAS RIOS AND POLICE OFFICER FELIX BAEZ, Defendants. ----------------------------------------------------------------------- x The Plaintiff, MORTIA WALKER, having moved for an Order authorizing and empowering her to compromise this action on behalf of her son, K.W., Upon the reading and filing of the annexed affidavit of MORTIA WALKER, the mother and natural guardian of the infant, K.W., sworn to on October 20, 2020, and the affirmation of NICOLE BELLINA, ESQ., sworn to on October 20, 2020, and It appearing that the infant K.W. was born in 2004, and it further appearing that the best interests of the infant will be served by the settlement and compromise, and due deliberation having been had herein, and upon all past papers and proceedings herein; NOW, on motion of NICOLE BELLINA, attorney for the Plaintiff, it is ORDERED, that MORTIA WALKER, the mother and natural guardian of the infant K.W., is hereby permitted to enter into a compromise and settlement of the infant’s claims for relief for the sum of $39,500, to be paid by defendants City of New York and $500 to be paid by Sergeant Lamont Gibson; and it is further ORDERED, that out of said sum, attorney for Plaintiff, STOLL, GLICKMAN & BELLINA, LLP, is to receive the sum of $13,333 as compensation for legal services, and $244 for reimbursed expenditures for a total of $13577, in connection with settlement of MORTIA WALKER’S claims on behalf of her infant son K.W.; and it is further ORDERED, that the balance of $26,423 ($25,923 by the City of New York and $500 by

Sergeant Gibson) be paid to MORTIA WALKER, the mother and natural guardian of K.W. The sums shall be deposited in an interest bearing account in the name of MORTIA WALKER, as mother and natural guardian of K.W., to the credit of said infant, at Ridgewood Savings Bank, 3824 White Plains Rd., Bronx, NY 10467 (the “Bank”) and to be held for the sole use and benefit of the infant in an account paying the highest rate of interest available, until the infant reaches the age of eighteen years; and it is further ORDERED, that said depository is authorized and directed to maintain at least one hundred per cent (100%) of said fund in a form of deposit in said depository yielding the highest dividend, providing that said fund shall be in such a form that it will be all available to said

infant when she attains the age of eighteen years; and it is further ORDERED that no withdrawals from the account shall be made except upon the prior Order of this court which Order shall bear the raised seal of the Court; and it is further ORDERED, that when the infant has attained the age of eighteen years, upon demand therefore, together with presentation of the proper proof of said age, the Bank is directed to pay over to said infant all monies then on deposit in said account, together with any interest accrued thereon; and it is further ORDERED, that upon full compliance with all of the terms of this Order, the mother and natural guardian is authorized, empowered and permitted to execute and deliver a General Release and any other papers necessary to effectuate the settlement herein; and it is further ORDERED, that the filing of a bond herein be dispensed with.

January 6, 2021 Mark Kd Vso 4 United States Distfict Judge

Civil Rule 83.2(a)(1) requires parties to obtain court approval before settling an action on behalf of a minor chi whether an infant compromise should be approved, the reviewing court “shall conform, as nearly as □ the New York State statutes and rules.” Local Civil R. 83.2(a)(1). In accordance with the applicable New Yor! tes and rules, courts in this jurisdiction focus on “whether (1) the proposed settlement is in the infant’s best and (2) the proposed attorney’s fees and costs are reasonable.” D.J. ex rel. Roberts v. City of New York, 11-

, at *2 (S.D.N.Y. Oct. 16, 2012), report and recommendation adopted sub nom., Roberts of New York,

(S.D.N.Y. Nov. 7, 2012) (citing Local Civil R. 83.2(a);

; N §§ 1205-1208). 1s a strong presumption that a settlement is fair and reasonable where ‘(1) the settlement is not collusive but w: after arm's length negotiation; (11) the proponents have counsel experienced in similar cases; [and] (111) there | sufficient discovery to enable counsel to act intelligently.”” Campbell v. City of New York, 15-cv-2088, 2015 W at *2 (S.D.N.Y. Nov. 10, 2015) (quoting Orlandi ex rel. Colon v. Navistar Leasing Co., 09-cv-4855, 2011 \ at *2 (S.D.N.Y. Sept. 2, 2011)). Under New York Judiciary Law § 474, whether the amount of attorneys' f as part of an infant compromise proceeding is appropriate turns on whether it 1s “suitable compensation for for his service .. . [on] behalf of the . . . infant.” Id. at *4 (quoting Allstate Ins. Co. v. Williams, 04-cv-4575, WL 2711538, at *4 (E.D.N.Y. Sept. 21, 2006)). The agreed-upon contingency fee is only a guide, and the Cour an independent determination. ng carefully reviewed all of the documents submitted by the parties, the Court finds that the proposed settlement best interest of infant K.W. and that the proposed attorney's fees are reasonable.