New York State Court of Claims

New York State Court of Claims

SIMONETTI v. THE STATE OF NEW YORK, #2001-010-063, Claim No. 100832, Motion No. M-63842


Synopsis


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

Case Information

UID:
2001-010-063
Claimant(s):
MICHAEL SIMONETTI
Claimant short name:
SIMONETTI
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
100832
Motion number(s):
M-63842
Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
BARRY G. BELL
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General for the State of New YorkBy: Richard Lombardo, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
September 10, 2001
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers numbered 1-2 were read and considered by the Court on the motion of claimant's attorney, Barry G. Bell, to be relieved as counsel for claimant regarding Claim No. 100832:
Order to Show Cause, Attorney's Supporting Affidavit...........................................1

Defendant's Letter Taking No Position on the Motion............................................2

On May 31, 2001, claimant's attorney resigned from the practice of law. Accordingly, prosecution of Claim No. 100832 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 new address or telephone number.

Additionally, a preliminary conference on this claim is scheduled for Friday, December 21, 2001, at 9:30 a.m. 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, Barry G. Bell 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 10, 2001
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims