New York State Court of Claims

New York State Court of Claims

SAND v. THE NEW YORK STATE THRUWAY AUTHORITY AND THE STATE OF NEW YORK , #2006-010-017, Claim No. 106041, Motion No. M-71471


Synopsis


Motion to be relieved as counsel is granted.

Case Information

UID:
2006-010-017
Claimant(s):
GARY SAND by his Mother MARGARET SAND and MARGARET SAND and GARY SAND Individually
Claimant short name:
SAND
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
106041
Motion number(s):
M-71471
Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant’s attorney:
GERALD P. GOLDSMITH, P.C.Kahn, Gordon, Timko & Rodriques, P.C.
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:
June 21, 2006
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 claimants’ attorneys, Gerald P. Goldsmith and Kahn, Gordon, Timko & Rodriques, P.C., to be relieved as counsel for claimants regarding Claim No. 106041:
Order to Show Cause, Attorneys’ Supporting Affirmation and Exhibit, and Claimants’ Attorneys’ Letter Dated May 22, 2006

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). Movants have made the requisite showing.

Prosecution of Claim No. 106041 is stayed for sixty days from the filing of this Decision and Order to permit claimants to retain new counsel. If by that time an appearance of counsel has not been filed, claimants will be deemed to appear pro se. Claimants are reminded that they are 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 September 20. 2006 at 10:00 a.m. at the Court of Claims, 140 Grand Street, Suite 507, White Plains where claimants (either by counsel or pro se) and defendant’s attorney shall appear in person. Should claimants or their attorney 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 attorneys are 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 claimants by certified mail, return receipt requested and by ordinary mail to claimants’ last known address and that the attorneys have turned over the complete file to claimants.


June 21, 2006
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims