New York State Court of Claims

New York State Court of Claims

ROBINSON v. THE STATE OF NEW YORK, #2006-009-056, Claim No. 108532, Motion No. M-72077


Synopsis


The application of claimant’s attorneys to be relieved from representation was granted.

Case Information

UID:
2006-009-056
Claimant(s):
LINDSEY 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):
108532
Motion number(s):
M-72077
Cross-motion number(s):

Judge:
NICHOLAS V. MIDEY JR.
Claimant’s attorney:
WALLACE, WITTY, FRAMPTON & VELTRY, P.C.
BY: Carmine J. Goncalves, Esq.,Of Counsel.
Defendant’s attorney:
HON. ELIOT SPITZER
Attorney General
BY: Timothy P. Mulvey, Esq.,
Assistant Attorney GeneralOf Counsel.
Third-party defendant’s attorney:

Signature date:
October 23, 2006
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

By Order to Show Cause, claimant’s attorneys seek an order permitting them to withdraw as attorney for claimant.

The following papers were considered by the Court in connection with this motion:
Order to Show Cause, Affirmation in Support, with Exhibits 1,2


Correspondence from Timothy P. Mulvey, Esq., Assistant Attorney General 3

In his supporting affirmation, Attorney Carmine J. Goncalves has indicated that counsel and claimant have differences of opinion with regard to the prosecution of this claim, that claimant has been unwilling to listen to the advice of his attorneys, and that claimant does not wish to cooperate with his attorneys in the continued prosecution of this claim. The Court notes that claimant has not submitted any papers or otherwise communicated with the Court disputing these statements, and has not opposed this request.

Based on the foregoing, the application of Wallace, Witty, Frampton & Veltry, P.C. to be relieved from further representation of the claimant in this matter is hereby granted, to the extent provided herein, and it is

ORDERED, that Wallace, Witty, Frampton & Veltry, P.C. is directed to serve a filed copy of this Order upon claimant by certified mail, return receipt requested, as well as by regular mail, and is further directed to file the original affidavit of service, with the signed return receipt attached, with the Clerk of the Court; and it is further

ORDERED, that a copy of the filed Order shall also be mailed to the Attorney General by regular mail, and an original affidavit of such service shall be filed with the Clerk of the Court; and it is further

ORDERED, that upon the Clerk’s receipt of these affidavits of service, counsel shall be relieved from representation of the claimant, and claimant shall be considered pro se unless another attorney appears on his behalf; and it is further

ORDERED, that all proceedings in this matter are stayed for a period of 30 days from the date of filing of this Order, and during such 30-day period claimant is directed to notify the Court, in writing, of the name and address of his new attorney, if he has retained such an attorney, or that he is in fact proceeding pro se.



October 23, 2006
Syracuse, New York

HON. NICHOLAS V. MIDEY JR.
Judge of the Court of Claims