New York State Court of Claims

New York State Court of Claims

CAREY v. THE STATE OF NEW YORK, #2000-005-574, Claim No. 93171, Motion Nos. M-62591, CM-62617


Counsel's motion to withdraw as attorney is granted and Claim must notify the Court of his intention or claim will be dismissed.

Case Information

Claimant short name:
Footnote (claimant name) :

Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
Motion number(s):
M-62591, CM-62617
Cross-motion number(s):

Donald J. Corbett, Jr.
Claimant's attorney:
Miserendino, Celniker, Seegert & Estoff, P.C.By: Michael R. Drumm, Esq.
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Thomas G. Ramsay, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
November 6, 2000

Official citation:

Appellate results:

See also (multicaptioned case)


On October 25, 2000, the following papers, numbered 1 to 7, were read on motion by Claimant's counsel for permission to withdraw as counsel and on cross-motion by Defendant regarding any new scheduling orders:

1, 2 Order to Show Cause, Affidavit and Exhibits Annexed

3, 4 Affidavits of Service of Order to Show Cause

5, 6 Notice of Cross-Motion, Affirmation
  1. Filed Papers: Claim
Upon the foregoing papers, the motions are granted.

By Order to Show Cause filed on October 24, 2000, I directed service of the within motion upon the Claimant at his last known address by regular first class mail and certified mail, return receipt requested. An Affidavit of Service upon Claimant has been satisfactorily supplied to the Court. Claimant has failed to respond or otherwise communicate with the Court, and thus there is no opposition to the relief sought. Accordingly, I grant Counsel's application and the motion is granted to the extent noted below.

It is ORDERED that:

1. Claimant's counsel is permitted to withdraw as attorney of record pursuant to CPLR 321(b), upon service of a file-stamped copy of this order upon the Claimant by regular first class mail and certified mail, return receipt requested, at his last known address, as in the Order to Show Cause, and upon the Defendant by regular mail; and

2. Claimant shall, within 45 days of service upon him of a file-stamped copy of this order, notify the Clerk of the Court and the Defendant in writing of his intention to proceed pro se, or have filed a notice of appearance by his new attorney; and

3. If Claimant fails to appear pro se or by his attorney within the said 45-day period, the claim herein will be deemed dismissed for his default (22 NYCRR 206.15), and no further order of this Court will be required.

With respect to the Defendant's Cross-motion which seeks in any future scheduling order a minimal time of ninety days after the due date of any expert disclosure by Claimant before the Defendant's expert disclosure will be due, there is no opposition thereto and the cross-motion is granted.

November 6, 2000
Rochester, New York

Judge of the Court of Claims