New York State Court of Claims

New York State Court of Claims

VILLAR v. THE STATE OF NEW YORK, #2006-033-207, Claim No. 111365, Motion No. M-71831


Synopsis



Case Information

UID:
2006-033-207
Claimant(s):
RITA VILLAR
Claimant short name:
VILLAR
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
111365
Motion number(s):
M-71831
Cross-motion number(s):

Judge:
James J. Lack
Claimant’s attorney:
Kelly & Grossman, LLPBy: David Grossman, Esq.
Defendant’s attorney:
Eliot Spitzer, New York State Attorney General
Third-party defendant’s attorney:

Signature date:
September 27, 2006
City:
Hauppauge
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision
This claim arises from injuries sustained by Rita Villar (hereinafter "claimant") as the result of alleged medical malpractice by the State of New York (hereinafter “defendant”).
Claimant’s counsel now seeks permission from the Court to be relieved as claimant's representative
[1]
. From the papers submitted by claimant's counsel it appears that claimant and counsel have reached an impasse as to how to prosecute this matter.
Counsel has taken steps to prosecute this claim, but now the discovery process has stalled due to the impasse between the claimant and counsel. It is indisputable that counsel cannot proceed with this claim without counsel and claimant working together, with a shared mind on how to proceed.
Claimant has not submitted any opposition to the motion and the defendant takes no position. The Court is convinced that sufficient reason exists to relieve counsel. Accordingly, the motion to be relieved as attorney for the claimant is granted.
As a condition of being relieved, claimant's counsel shall duplicate the entire file in this matter and furnish it to claimant at her last known address (as listed in the affidavit of service of the Order to Show Cause) within thirty (30) days of filing of this Order, without cost to claimant. Claimant may seek new counsel or proceed pro se. In the event that claimant is not ready to proceed within sixty (60) days of service of this Order, the Court will entertain an application to dismiss for failure to prosecute.
The Clerk of the Court shall send a copy of this Order to claimant at her home address: 427A Townline Road, Commack, New York 11725. The Clerk of the Court shall send a copy of this Order to outgoing counsel as well.

September 27, 2006
Hauppauge, New York

HON. JAMES J. LACK
Judge of the Court of Claims




[1].The following papers have been read and considered on claimant’s counsel’s Order to Show Cause: Order to Show Cause dated May 25, 2006 and filed June 9, 2006; Affirmation of David Grossman, Esq. dated May 17, 2006 and filed June 9, 2006.