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Medina v. New York, Department of Corrections, 15 Civ. 1955 (LAP). (2020)

Court: District Court, S.D. New York Number: infdco20200203703 Visitors: 11
Filed: Jan. 27, 2020
Latest Update: Jan. 27, 2020
Summary: ORDER LORETTA A. PRESKA , Senior District Judge . The parties in the above-captioned matter having reached a settlement agreement to be so ordered by the Court, and having agreed upon the amount DOCCS will pay Plaintiff, Anthony Medina, subject to the provisions of the settlement agreement and order, and having agreed that same shall be made payable to Plaintiff Anthony Medina by means of the Anthony Medina Supplemental Needs Trust in accordance with NY EPTL 7-1.12, and the proposed trust
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ORDER

The parties in the above-captioned matter having reached a settlement agreement to be so ordered by the Court, and having agreed upon the amount DOCCS will pay Plaintiff, Anthony Medina, subject to the provisions of the settlement agreement and order, and having agreed that same shall be made payable to Plaintiff Anthony Medina by means of the Anthony Medina Supplemental Needs Trust in accordance with NY EPTL 7-1.12, and the proposed trust having been submitted to this Court for approval, and

NOW, upon the filing and reading of the papers for both parties, and in particular the proposed supplemental needs trust, the Court finds that Anthony Medina, the Beneficiary, is a disabled person as defined in Social Security Act, § 1614(a), and 42 U.S.C. § 1382(a)(3); and that it would be in the best interests of the Beneficiary for this Court to enter an order and decree establishing the "Anthony Medina Supplemental Needs Trust," as specified in 42 U.S.C. § 1396p(d)(4), as amended August 10, 1993, by the Revenue Reconciliation Act of 1993, Pub. L. 103-55.

IT IS THEREFORE ORDERED AND DECLARED, that the proposed Anthony Medina Supplemental Needs Trust is approved and established for the benefit of Anthony Medina, a disabled person.

SO ORDERED.

Source:  Leagle

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