New York State Court of Claims

New York State Court of Claims

DOCKERY v. THE STATE OF NEW YORK, #2000-010-063, Claim No. 102005, Motion No. M-62248


Synopsis


Motion of claimant's attorney to be relieved as counsel granted.

Case Information

UID:
2000-010-063
Claimant(s):
JOHN DOCKERY
Claimant short name:
DOCKERY
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102005
Motion number(s):
M-62248
Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
GOLDBLATT & ASSOCIATESBy: Brad Rosken, Esq.
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General for the State of New YorkBy: Michael Rosas, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
September 20, 2000
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were read and considered by the Court on the unopposed motion of claimant's attorney, the law firm of Goldblatt & Associates, to be relieved as counsel for claimant regarding Claim No. 102005:
Order to Show Cause, Attorney's Supporting Affirmation and Exhibits, Attorney's Affirmation and Exhibit

The Code of Professional Responsibility DR2-110(c)(1)(d) provides that a lawyer may withdraw from representing a client if the client's conduct "renders it unreasonably difficult for the lawyer to carry out employment effectively." On a motion to withdraw as counsel, the movant must demonstrate reasonable notice to the client and good and sufficient cause for the withdrawal (see, J.M. Heinike Assocs. v. Liberty Natl. Bank, 142 AD2d 929; Johns-Manville Sales Corp. v State Univ. Constr. Fund, 79 AD2d 782). Movant has made the requisite showing. The file was turned over to another law firm, which rejected the case and returned the file to claimant.

Prosecution of Claim No. 102005 is stayed for sixty days from the filing of this Decision and Order to permit claimant to retain new counsel. If by that time an appearance of counsel has not been filed, claimant will be deemed to appear pro se. Claimant is reminded that he is required to inform the Clerk's office in Albany, in writing, of any change in address or telephone number.

Additionally, a preliminary conference on this claim is scheduled for December 19, 2000 at the Court of Claims, 140 Grand Street, White Plains where, claimant (either by counsel or pro se) and defendant's attorney shall appear in person. Should claimant fail to appear for the scheduled preliminary conference, this Court will dismiss the Claim (22 NYCRR § 206.10[f]).

It is further ordered that, within ten days of receipt of this decision, the attorney is directed to file an affidavit of service with the Chief Clerk's office indicating that service of a copy of this Decision and Order was made upon claimant by certified mail, return receipt requested and by ordinary mail to claimant's last known address.


September 20, 2000
White Plains , New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims