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PRESENT:

HoNgRAqLE ItllCHOlA$ COIAqEUA

SUPREME @URT OF THE SfATE OF NEW YPRKCOUfTITY OF WES| CDIESTER

JOHN @l.oMBlillr As Adminlstrgtor of theMICHAEL COLOMBINI DeceEEr4 and JOHNand BARBM COLoMBINI, Individuelly,

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,)dAt an l.A.S. Terrn, sf the Supretne Court of the ligtate of Neti, Yodg held in and for the County ofW$tchester Bt the Courthou!€ loeted ft lllDr. MErtin Luther King lr. Boulever$,WhitePlaim, N€u, York, 1060r on the l?y'Lday of

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COMPROMISE ORDERPURSUANTTp Eprt s4.q

Index Numbar: 0llt0tf00e

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WESTC}IEIiTER COUNTY HEATTH QARE CORPORATION,JIAN HOU, M.D., UNIVERSITY IMAGING AIID MEDICATAssocUtTES, P.C,, VALHATLA ANESTHESTAASSOCIATES, P.C., ftlEw YOE|( MEDICAI. COIEGE,MARY I[ADI.E& R.I[., PATRICIA IAUNN. PAUI DANETS,GENEmL EIECIR|C COMPANY, and TERET{CEMATAIOIU, M.D.,

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-gUpon the anne€d Affirmation of Thornas A, Moore, dated December 17, 200% the

Affidavil of John Colombini as Administrator of the Estate of Michael Colombini, Deceased,

and John Colombini, Individually, swom to the 17th day of December, 2q)9, and the Affidavit. t

of Barbra Colombini, srrorn to the 17th day of December, 2flx), and ripon the exhib'rBj

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Feb. 3. 2010 10:5lAl / N09742 P 3

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annexed hereto, and upon the pleadlngs and PrgceedinF had herEto and it appearlngthat

Mlchael Colombini was bom on May 1, 1995 and died on November 21, 2002, and it further

appearing in the best interests ofthe Estate and next of kin will be served if this action ls

settled for $49p0,000.00, and it appearlng to the qourt that.no distributee ofthE Estate of

Mlchael Colombini ate infanb, Incompetents, or incarcerated, or persons under a dlsabllity,

it is Norrv,

ORDERE4 that the causes of actlon of John Colombini as Adminl$trato. ofthe Estate sf

Michael Colombini, Deceesed, and John Colombini and Barbra Colombini, Individually, against

defendant Westchester County Health Care Corporatlon are hereby discontinued, with

prejudice, without costs, disburFements ol expenses, and it ls further,

ORDERED, that the cause of actions ofjohn Colombini as Adminlstrator ofthe Estate of

'httlchael Colombini, Deceased, aEialnst defundant Westchester County Health Care

Comoratlon ls hereby settled and discomlnued In the total sum of 52,900,000.00 wlth

Westchester County Health care corporafion, and that upon receipt of e 50 ordered

co prum'Ee order, a general releaser a stipulation of discofilnuance, and a hold harmless

agneement sald amount shall be paid by defendant Westchester County Heahh Care

Corporation, ot its.iffiurance entlty, wlthln the prescribed statutolY, within 90 days, as

follonrtsl

1) th€ total surh of $900,000.00 to Kramet, Dillof, LivinEston & Moore, Esqs. for their

approved attorney's fee, which amount shall be held in escrow until proof of ffling ofthe

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feb. 3. 2010 10:51AN1 N0,9742 P. 4

petition for distribution in Surrogate's Cour! Westchester Countv ls flled w'tth the ClerKs

Offlce, Westchester County, the attorneys' disbursements are waived $O and

2) the remainln8 balance ofs2,000000,00 shall be paid to Kramer, Dillof, Livlngston &

Mogre, Esqs., as escrow agFnts fDrthe Esiate of Micha€l colombini which shall be deposited

in an attomds interest bearing es ow aGcount, and it is further,

ORDERED, th+ irluintitls' toss of services actions shill be dtscondnued as to all

defendants; and lt ls further

ORDERED, that all actions have been prevlously dlscontlnu€d a5 to General Elestric,

whh prejudice; and it is further

ORDERED, that all actlons are dlscontlnued, wlth preJudlce, as aEFlnstJlan Hou, M'D.,

Unlversity lmaging Medlcal Corporation and Medical AssoGiates, P.C', VElhalla Anesthesia

Associqtes. P.c., Naw York Medlcrl College, Mary Nadlet, R,N,, Patrlcia Laurla, Paul Danlels,

and Terence Matalon, M.D.; and it is funher

ORDERED, that the plaintifft' firm will hqld harmless Defendant Weschester countv

Health Care Corpomtion, its insurance entity on its behalf, and Martin Clearweter & Bell, LLP

for any liens known or unknown; and h is ftJrther

ORDER€D, that Kramer, Dillof, Livintston & Moore, Esqs. shallfile a petition forthe

distributlon of sald escrow funds with the Surrogate's Court of WestEh$ter County within

sixty days of the receipt of the settlemert funds; and it 'e further

Feb 3, 2010 10:51Ai l l No 9742 P. 5

ORDERED, that the attorneys' fees here shall be releasEd to Kramer. Dlllof, Livingston

& Moore, Esqs., upon pmof of ftllng sald petltlon in the Surrotate's court, westchester

County, is submitted to the Westchester Counfl Clerk; and it ls further

ORDERED, that qpqn,peyment of allsums ngcessa4y undEr the terms ofthb oder, the

rights, responsibitities and oblieations of Defendant Westchester County Health Care

Corporution are totally extingulshed and satlsfieil; and it is further

ORDERED. that all lssues pertainingto allocation and distribution of remaining

settlement funds are reserved to the Surrogatds Cou*; and it is furthEr

ORDERE4 that any restrictions in the Letters of AdmlnlsFation are lifted to the extent

necessary to carry out the provlslons of this Order; and it is further

ORDERED, that John Colombini as Administrator of the Estate of Mlchael ColomblnL

Deceased, and John Colombini and Barbra Colombini, lndividually, are authorlzed and

empowered to execute and deliver any and alldocuments necessary to effectuate this

settlemen! together witlr general release, stlpulations of diss€rtinuance, and lrrh ever other

documents that may be necesary to @npromise and settle thls mattec and it is further

ORDERE4 that the filing of a bond ls dlspensed urith.

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