New York State Court of Claims

New York State Court of Claims

VALLE v. THE STATE OF NEW YORK, NEW YORK STATE DEPARTMENT OF CORRECTIONS, #2004-010-005, Claim No. 104568, Motion No. M-67863


Synopsis


Case Information

UID:
2004-010-005
Claimant(s):
ARMANDO VALLE
Claimant short name:
VALLE
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
104568
Motion number(s):
M-67863
Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
ZWIEBEL, BRODY, GOLD & FAIRBANKSBy: Alan S. Zwiebel, Esq.
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General for the State of New YorkBy: John Healey, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
January 23, 2004
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 unopposed motion of claimant's attorney, the law firm of Zwiebel, Brody, Gold & Fairbanks, LLP, to be relieved as counsel for claimant regarding Claim No. 104568:

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

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. 104568 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 and the claim will be transferred to the inmate pro se calendar. Claimant is reminded that he is required to inform the Clerk's office in Albany, in writing, of any change in address.

It is further ordered that, within fourteen days of the filing 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.



January 23, 2004
White Plains, New York
HON. TERRY JANE RUDERMAN
Judge of the Court of Claims