New York State Court of Claims

New York State Court of Claims

MORAN v. THE STATE OF NEW YORK, #2004-028-529, Claim No. 107730, Motion No. M-68262


Synopsis


Case Information

UID:
2004-028-529
Claimant(s):
WILLIAM MORAN a/k/a PAUL STEWARD The caption of this action is amended sua sponte to reflect the State of New York as the only properly named defendant.
Claimant short name:
MORAN
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :
The caption of this action is amended sua sponte to reflect the State of New York as the only properly named defendant.
Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
107730
Motion number(s):
M-68262
Cross-motion number(s):

Judge:
RICHARD E. SISE
Claimant's attorney:
WILLIAM MORAN a/k/a PAUL STEWARD, pro se(Attorney of Record, MICHAEL R. BRESSLER, ESQ.)
Defendant's attorney:
HON. ELIOT SPITZER, ATTORNEY GENERAL
BY: Kathleen M. ResnickAssistant Attorney General
Third-party defendant's attorney:

Signature date:
April 28, 2004
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were read on Claimant's motion for permission to discharge his attorney and to proceed pro se:

1) Letter Application of William G. Moran (Moran Letter) filed March 11, 2004

Opposition: None.


Claimant seeks, by motion, to discharge his lawyer for a list of reasons. Such motion is unnecessary as a client enjoys "[T]he unqualified right to terminate the attorney-client relationship at any time" (Matter of Cooperman, 83 NY2d 465, 473) and this right has been "assiduously protected by the courts" (id.). This Court is also aware that Claimant's counsel has resigned from the practice of law (Matter of Bressler, __ AD3d__, 774 NYS2d 36).

Accordingly, Claimant's motion is denied as moot.

All proceedings are stayed until June 30, 2004 to allow Claimant to obtain substitute counsel or to advise the Court that he will proceed pro se. All deadlines set forth in the Court's scheduling Order dated February 24, 2004 are hereby extended for six months.


April 28, 2004
Albany, New York

HON. RICHARD E. SISE
Judge of the Court of Claims