2023 New York Laws › CVP - Civil Practice Law and Rules › Article 12 - Infants, Incompetents and Conservatees › R1208 - Settlement Procedure; Papers; Representation.

Rule 1208. Settlement procedure; papers; representation.
(a)   Affidavit   of  infant's  or  incompetent's  representative.  An
affidavit of the  infant's  or  incompetent's  representative  shall  be
included in the supporting papers and shall state:
1. his name, residence and relationship to the infant or incompetent;
2. the name, age and residence of the infant or incompetent;
3. the circumstances giving rise to the action or claim;
4.  the  nature  and  extent of the damages sustained by the infant or
incompetent, and if the action or claim  is  for  damages  for  personal
injuries  to  the  infant or incompetent, the name of each physician who
attended or treated the infant or incompetent or who was consulted,  the
medical  expenses,  the  period of disability, the amount of wages lost,
and the present physical condition of the infant or incompetent;
5. the terms and proposed  distribution  of  the  settlement  and  his
approval of both;
6.  the  facts surrounding any other motion or petition for settlement
of the same claim, of an action to recover on the same claim or  of  the
same action;
7.  whether  reimbursement  for  medical  or  other  expenses has been
received from any source; and
8. whether the infant's or incompetent's representative or any  member
of  the  infant's  or  incompetent's family has made a claim for damages
alleged to have been suffered as a result of the same occurrence  giving
rise  to the infant's or incompetent's claim and, if so, the amount paid
or to be paid in settlement of such claim or if such claim has not  been
settled the reasons therefor.
(b)  Affidavit  of  attorney.  If  the  infant  or  incompetent or his
representative is represented  by  an  attorney,  an  affidavit  of  the
attorney shall be included in the supporting papers and shall state:
1. his reasons for recommending the settlement;
2.  that directly or indirectly he has neither become concerned in the
settlement at the instance of  a  party  or  person  opposing,  or  with
interests  adverse  to,  the infant or incompetent nor received nor will
receive any compensation from such party, and  whether  or  not  he  has
represented or now represents any other person asserting a claim arising
from the same occurrence; and
3. the services rendered by him.
(c)  Medical or hospital report. If the action or claim is for damages
for personal injuries to the infant or incompetent, one or more  medical
or  hospital  reports,  which need not be verified, shall be included in
the supporting papers.
(d) Appearance before court. On  the  hearing,  the  moving  party  or
petitioner,  the  infant  or  incompetent, and his attorney shall attend
before the court unless attendance is excused for good cause.
(e) Representation. No attorney having or  representing  any  interest
conflicting  with  that  of  an  infant or incompetent may represent the
infant or incompetent.
(f) Preparation of papers by attorney for adverse party. If the infant
or incompetent is not represented by  an  attorney  the  papers  may  be
prepared  by the attorney for an adverse party or person and shall state
that fact.