ESTATE OF DARREN MITCHELL, Deceased

2006-1493/A ESTATE OF DARREN MITCHELL, Deceased — The administrator of the estate of decedent Darren Mitchell sought compensation in an action for decedent's injuries as a responder to the World Trade Center site and related recovery and debris-removal sites following the September 11, 2001 terrorist attacks. Petitioner was one of several thousand plaintiffs who brought actions which, after several years of litigation in Federal District Court for the Southern District of New York, settled pursuant to a "Settlement Process Agreement As Amended" (SPA) and related agreements and orders. Southern District Judge Alvin Hellerstein determined that the amended SPA and related agreements were fair in various orders (see In re World Trade Center Disaster Site Litigation, Nos. 21 MC 100 et al, Orders dated June 23, 2010 & October 14, 2010 [SD NY, Hellerstein, J]). Pursuant to the SPA and related agreements, an individual plaintiff's portion of the settlement amounts was determined by "allocation neutrals."

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2006-1493/A ESTATE OF DARREN MITCHELL, Deceased — The administrator of the estate of decedent Darren Mitchell sought compensation in an action for decedent’s injuries as a responder to the World Trade Center site and related recovery and debris-removal sites following the September 11, 2001 terrorist attacks. Petitioner was one of several thousand plaintiffs who brought actions which, after several years of litigation in Federal District Court for the Southern District of New York, settled pursuant to a “Settlement Process Agreement As Amended” (SPA) and related agreements and orders. Southern District Judge Alvin Hellerstein determined that the amended SPA and related agreements were fair in various orders (see In re World Trade Center Disaster Site Litigation, Nos. 21 MC 100 et al, Orders dated June 23, 2010 & October 14, 2010 [SD NY, Hellerstein, J]). Pursuant to the SPA and related agreements, an individual plaintiff’s portion of the settlement amounts was determined by “allocation neutrals.”

Judge Hellerstein also determined in an order dated June 3, 2011 that as to the 104 plaintiffs represented by the same law firm, which included petitioner, that their settlements were fair (see In re World Trade Center Disaster Site Litigation, Nos. 21 MC 100 et al, Order dated June 3, 2011 [SD NY, Hellerstein, J]). Although the petition here seeks to compromise the action, that determination has been made by Judge Hellerstein (see EPTL §5-4.6[a]). Likewise, the fees and disbursements of petitioner’s attorneys were fixed and determined pursuant to the orders and protocols in Federal court and need not be approved here (id.).

ESTATE OF DARREN MITCHELL, Deceased

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