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.