New York State Court of Claims

New York State Court of Claims

JOHNSON v. THE STATE OF NEW YORK, #2000-009-435, Claim No. 98046, Motion No. M-62092


Synopsis


An application by claimants' attorney to be relieved as counsel was granted by the Court.

Case Information

UID:
2000-009-435
Claimant(s):
DONALD JOHNSON AND PALMA JOHNSON, AS WIFE OF DONALD JOHNSON
Claimant short name:
JOHNSON
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
98046
Motion number(s):
M-62092
Cross-motion number(s):

Judge:
Nicholas V. Midey, Jr.
Claimant's attorney:
CHARLES A. SCHIANO, JR., ESQ.
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General
BY: Edward F. McArdle, Esq.,
Assistant Attorney General of Counsel.
Third-party defendant's attorney:

Signature date:
November 8, 2000
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision

By Order to Show Cause, claimants' attorney seeks an order permitting him to withdraw as attorney for claimants.

The following papers were considered by the Court in connection with this motion:
Order to Show Cause, Affidavit in Support 1,2

Attorney Schiano, in his supporting affidavit, has set forth adequate grounds for this Court to grant the requested relief. The Court notes that claimants have not submitted any papers in opposition to this request, nor have they otherwise communicated with the Court.

Accordingly, this application is granted to the extent provided herein, and it is

ORDERED, that claimants' attorney is directed to serve a file-stamped copy of this Order upon claimants by certified mail, return receipt requested, and by regular mail, and to file the original affidavit of service, with the signed return receipt attached, with the Clerk of the Court; and it is further

ORDERED, that a copy of the filed Order shall also be mailed to the Attorney General by regular mail, and an original affidavit of such service shall be filed with the Clerk of the Court; and it is further

ORDERED, that upon the Clerk's receipt of these affidavits of service, counsel shall be relieved from representation of the claimants, and claimants shall be considered pro se unless another attorney appears on their behalf; and it is further

ORDERED, that all proceedings in this matter are stayed for a period of 30 days from the date of service of the copy of this Order upon claimants.


November 8, 2000
Syracuse, New York

HON. NICHOLAS V. MIDEY, JR.
Judge of the Court of Claims