New York State Court of Claims

New York State Court of Claims

ROBINSON v. THE STATE OF NEW YORK, #2005-010-001, Claim No. 108397, Motion No. M-69388


Synopsis


the unopposed motion of claimant's attorney to be relieved as counsel is granted

Case Information

UID:
2005-010-001
Claimant(s):
SUZETTE M. ROBINSON
Claimant short name:
ROBINSON
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
108397
Motion number(s):
M-69388
Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
DOMINICK J. ROBUSTELLI, ESQ.
Defendant's attorney:
HON. ELIOT SPITZERAttorney General for the State of New York
Third-party defendant's attorney:

Signature date:
January 21, 2005
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, the law offices of Dominick J. Robustelli, to be relieved as counsel for claimant regarding Claim No. 108397:
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. 108397 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 she is required to inform the Clerk's office in Albany, in writing, of any change in address.

Additionally, a preliminary conference on this claim is scheduled for April 20, 2005 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 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.

The Court recognizes counsel's claim to a charging lien, pursuant to Judiciary Law §475, the value of which will be determined upon resolution of the underlying cause of action. It is hereby ordered that claimant and any substituted counsel are to promptly notify withdrawing counsel of any such judgment or other disposition.


January 21, 2005
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims