New York State Court of Claims

New York State Court of Claims

BRENES v. THE STATE OF NEW YORK, #2001-005-533, Claim No. 99575, Motion No. M-63993


Synopsis


Claimant's counsel's motion for permission to withdraw as attorney of record is granted

Case Information

UID:
2001-005-533
Claimant(s):
ROBIN BRENES
Claimant short name:
BRENES
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
99575
Motion number(s):
M-63993
Cross-motion number(s):

Judge:
DONALD J. CORBETT, JR.
Claimant's attorney:
Robert B. Druar, Esq.
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Reynolds E. Hahn, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
October 22, 2001
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

On October 2, 2001, the following papers, numbered 1 to 3, were read on motion by Claimant's counsel for permission to withdraw as attorney of record:


1,2 Order to Show Cause and Affidavit
  1. Opposing Papers
  1. Filed Papers: Claim

Upon the foregoing papers, this motion is granted to the extent noted.

By Order to Show Cause, Claimant's Counsel seeks permission to withdraw as attorney of record pursuant to CPLR 321 (b)(2). Proof of timely and proper service of the application to the Claimant at the last address which had been provided to counsel has been filed. The Defendant, as is usually the case, has not appeared to express any opposition to the relief sought.

Claimant has not responded to or opposed the application.

To the extent that the motion seeks to relieve Counsel as attorney, it is granted.

Accordingly, it is ORDERED:

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 at Collins Correctional Facility and also to the Wallkill Correctional Facility (Route 208, Box G, Wallkill, New York, 12589-0286), 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.

4. Claimant's counsel shall file affidavit(s) of service of this order with the Clerk of the Court.


October 22, 2001
Rochester, New York

HON. DONALD J. CORBETT, JR.
Judge of the Court of Claims