New York State Court of Claims

New York State Court of Claims

PORTER v. THE STATE OF NEW YORK, THE NEW YORK STATE THRUWAY AUTHORITY, AND THE DEPARTMENT OF TRANSPORTATION OF THE STATE OF NEW YORK, #2003-010-038, Claim No. 98062, Motion No. M-67606


Synopsis


Unopposed motion of claimant's attorney, Neal D. Futerfas, to be relieved as counsel for claimant is granted.

Case Information

UID:
2003-010-038
Claimant(s):
ANDRE PORTER
Claimant short name:
PORTER
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK, THE NEW YORK STATE THRUWAY AUTHORITY, AND THE DEPARTMENT OF TRANSPORTATION OF THE STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
98062
Motion number(s):
M-67606
Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
NEAL D. FUTERFAS, ESQ.
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General for the State of New YorkBy: Jeane L. Strictland Smith, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
November 20, 2003
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision

The following papers were read and considered by the Court on the unopposed motion of claimant's attorney, Neal D. Futerfas, to be relieved as counsel for claimant regarding Claim No. 98062:

Order to Show Cause, Attorney's Supporting Affirmation and Exhibits

The Code of Professional Responsibility DR2-110(c)(1)(IV) provides that a lawyer may withdraw from representing a client if the client's conduct "renders it unreasonably difficult for the lawyer to carry out employment effectively." On a motion to withdraw as counsel, the movant must demonstrate reasonable notice to the client and good and sufficient cause for the withdrawal (see Heinike Assocs. v Liberty Natl. Bank, 142 AD2d 929; Johns-Manville Sales Corp. v State Univ. Constr, Fund, 79 AD2d 782). Movant has made the requisite showing.

Prosecution of Claim No. 98062 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 change of address.

Additionally, a preliminary conference on this claim is scheduled for February 27, 2004 at 10:00 a.m. at the Court of Claims, 140 Grand Street, Suite 507, 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 15 days of the filing date of this Decision and Order, the attorney is directed to file an affidavit 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 and that the attorney had turned over the complete file to claimant.


November 20, 2003
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims