New York State Court of Claims

New York State Court of Claims

WILLIAMS v. THE STATE OF NEW YORK, #2005-010-025, Claim No. 100785, Motion No. M-69988


Synopsis


The motion of claimant's attorney to be relieved as counsel is granted.

Case Information

UID:
2005-010-025
Claimant(s):
THOMAS WILLIAMS
Claimant short name:
WILLIAMS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
100785
Motion number(s):
M-69988
Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
ALLEN S. GOLD, 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:
May 3, 2005
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers numbered 1-3 were read and considered by the Court on the motion of claimant's attorney, the law offices of Allen S. Gold, Esq., to be relieved as counsel for claimant regarding Claim No. 100785:
Order to Show Cause, Attorney's Supporting Affirmation......................................1

Defendant's Letter of April 11, 2005 Taking No Position on the Motion...............2

Claimant's Affirmation in Response..........................................................................3

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; 142 AD2d 929; Johns-Manville Sales Corp. v State Univ. Constr, Fund, 79 AD2d 782). Movant has made the requisite showing. Notably, while claimant opposed the motion, he is highly critical of movant's representation.

Upon review of all the papers before this Court, movant's application is conditionally granted as follows. Within fourteen days of the filing of this Decision and Order, the movant shall file an affidavit with the Chief Clerk's office indicating that service of a copy of this Decision and Order was made upon the Attorney General's office by ordinary mail and upon claimant by certified mail, return receipt requested and by ordinary mail. Additionally, the affidavit shall state that the attorney has turned over the complete file to claimant.

Prosecution of Claim No. 100785 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 matter 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.

If, within sixty days from the filing of this Decision and Order, claimant retains counsel, an appearance of counsel shall be filed with the Court and claimant's counsel and defendant's attorney shall appear in person for a preliminary conference on this claim scheduled for July 11, 2005 at 10:00 a.m. at the Court of Claims, 140 Grand Street, Suite 507, White Plains. Should claimant's counsel fail to appear for the scheduled preliminary conference, this Court will dismiss the claim (22 NYCRR §206.10[f]).

May 3, 2005
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims