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Contract: Recovery Medicare | New York Eastern
Order of Remand to State Court
Case Remanded to Supreme Court of the State of New York, Kings County, case number 518369/2022 as per Minute Entry held on 2/6/2023. (RG)
Status Conference Order on Motion for Default Judgment
Minute Entry and Order for Status Conference held on 02/06/23 before Judge Brian M. Cogan. All parties appeared by video. This case is remanded. The Clerk is directed to release the $25,000 interpleader deposit back to MVAIC. This case was removed from New York Supreme Court by defendant United States Department of Health and Human Services under 28 U.S.C. § 1442(a). Now that the federal agency has been dismissed from the case, the Court declines to exercise supplemental jurisdiction over the remaining claims. This is because in 2018, the New York Surrogate's Court, Kings County, entered an Order determining exactly how the $25,000 should be allocated, and I see no equitable reason for a federal court to involve itself in the administration of the estate. Nor do I see any reason why this action was filed in the first place, seeing as there was a judgment from the Surrogate's Court as to how the funds should be distributed. This Order is stayed for 7 days, during which time MVAIC may file a motion for reconsideration. See transcript for details. (Court Reporter Rivka Teich) (PW)
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