New York State Court of Claims

New York State Court of Claims

ROBOTSIS v. THE STATE OF NEW YORK, #2001-027-554, Claim No. 99071


Synopsis


Pro Se request for counsel.

Case Information

UID:
2001-027-554
Claimant(s):
CHARLES ROBOTSIS
Claimant short name:
ROBOTSIS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
99071
Motion number(s):

Cross-motion number(s):

Judge:
ALTON R.WALDON, JR.
Claimant's attorney:
Gacovino and Lake, Esqs. P.C.By: Warren Luccitti, Esq.
Defendant's attorney:
Hon. Eliot Spitzer, Attorney GeneralBy: No Appearance
Third-party defendant's attorney:

Signature date:
May 3, 2001
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Pursuant to an Order to Show Cause, a hearing was held before this Court on January 5, 2001 concerning the request by counsel, Gacovino and Lake, Esqs. P.C., for claimant, Charles Robotsis, to be relieved as counsel. A Verified Claim was filed in this matter by Gacovino and Lake, Esqs. P.C., as attorneys for claimant with the Court of Claims on October 2, 1998. Claimant alleged therein that on September 5, 1998 while driving his motorcycle on the Wantagh State Parkway he was caused to fall off his motorcycle due to debris on the roadway. Claimant alleged that he suffered injuries to, inter alia, his left knee, both arms and his back.

At the hearing held by this Court on January 5, 2001, claimant's attorney reiterated his position that after speaking to a witness there was a serious difference of opinion as to how the case should be handled between the firm and claimant. Additionally, claimant's attorney stated that the firm had been out of contact with claimant for over a year. The firm made numerous attempts to serve claimant with the Order to Show Cause but that their attempts were of no avail. Hence, claimant takes no position on this application.

An attorney may withdraw as counsel upon a showing of good and sufficient cause and reasonable notice. Matter of Benjamin, 129 AD2d 886, 514 NYS2d 526 (3rd Dept. 1987), lv denied 70 NY2d 666, 518 NYS2d 959.

Therefore, for the foregoing reasons, the Court finds that claimant's attorneys have made a sufficient showing in order to support the relief sought.

It is ordered that the motion is granted, effective as of the date of movant's compliance with the following conditions: The firm of Gacovino and Lake, Esqs. P.C., shall mail a copy of this order to claimant, Charles Robotsis, at his last known address by certified mail, return receipt requested, within five business days of its receipt of this order, providing proof of service to the Court and Clerk of the Court of Claims.

Additionally, it is ordered that within ninety days of the filing of this order, claimant, Charles Robotsis, shall either retain new counsel to represent him and such counsel shall serve and file a notice of appearance or, if he has been unable to secure new counsel, wishes to represent himself, or does not wish to pursue this claim, claimant, Charles Robotsis, shall notify the Court within such ninety days.

Lastly, it is ordered, that if a notice of appearance or notification, pursuant to the previous paragraph, is not made within ninety days of the filing of this order then the claim of claimant, Charles Robotsis shall be dismissed.


May 3, 2001
New York, New York

HON. ALTON R.WALDON, JR.
Judge of the Court of Claims