New York State Court of Claims

New York State Court of Claims

VASQUEZ v. THE STATE OF NEW YORK, #2002-005-558, Claim No. 94425, Motion No. M-65961


Synopsis


Motion by Claimant's counsel for permission to withdraw as attorney of record is granted to the extent noted.

Case Information

UID:
2002-005-558
Claimant(s):
CARMEN VASQUEZ
Claimant short name:
VASQUEZ
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
94425
Motion number(s):
M-65961
Cross-motion number(s):

Judge:
DONALD J. CORBETT, JR.
Claimant's attorney:
Emdin & Finkler, Esqs.By: David J. Finkler, Esq.
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: James L. Gelormini, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
January 29, 2003
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

On December 11, 2002, the following papers, numbered 1 to 4, were read on motion by Claimant's counsel to withdraw as attorney of record:

1, 2 Order to Show Cause, Affirmation and Exhibits Annexed
  1. Affidavit of Attempted Service and Exhibits Annexed
  2. Filed Papers: Claim
Upon the foregoing papers, this motion is granted to the extent noted.

By Order to Show Cause, Claimant's counsel, David J. Finkler, Esq., seeks to withdraw as attorney of record pursuant to CPLR 321(b)(2), and service upon Claimant was directed to be attempted by regular first class mail and certified mail, return receipt requested. The Defendant, as is usually the case, has not appeared to express any opposition to the relief sought.

Claimant has not responded to nor 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 Claimant by regular first class mail, and certified mail, return receipt requested, at Claimant's last known address, and all other addresses utilized to attempt service of the Order to Show Cause herein, and upon the Defendant by regular mail;

2. Claimant shall, within 45 days of service upon her of a file-stamped copy of this order, notify the Clerk of the Court and the Defendant in writing of her intention to proceed pro se, or have filed a notice of appearance by her new attorney;

3. If Claimant fails to appear pro se or by her attorney within the said 45-day period, the claim herein will be deemed dismissed for her default (22 NYCRR 206.15), and no further order of this Court will be required, and

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


January 29, 2003
Rochester, New York

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