New York State Court of Claims

New York State Court of Claims

RIQUEL v. THE STATE OF NEW YORK, #2007-009-021, Claim No. 112275, Motion No. M-73528


Synopsis


The application of claimants’ attorneys seeking an order permitting them to withdraw from representation of claimants was granted.

Case Information

UID:
2007-009-021
Claimant(s):
QUADAJAH RIQUEL, an Infant Under the Age of 18 years, by her Mother CINDY RIQUEL, and CINDY RIQUEL Individually
Claimant short name:
RIQUEL
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
112275
Motion number(s):
M-73528
Cross-motion number(s):

Judge:
NICHOLAS V. MIDEY JR.
Claimant’s attorney:
LAW OFFICE OF DOMINICK W. LAVELLE
BY: Joshua D. Lindy, Esq.,Of Counsel.
Defendant’s attorney:
HON. ANDREW M. CUOMO
ATTORNEY GENERAL(No Appearance).
Third-party defendant’s attorney:

Signature date:
August 15, 2007
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

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

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

In his supporting affirmation, attorney Joshua D. Lindy has indicated that his office has been unable to locate the claimants, despite several attempts, and as a result, they are unable to continue representing claimants in this claim.

The Court notes that claimants have not submitted any papers or otherwise communicated with the Court regarding this application.

Based on the foregoing, the application from THE LAW OFFICES OF DOMINICK W. LAVELLE to be relieved from further representation of the claimants in this matter is hereby granted, to the extent provided herein, and it is

ORDERED, that THE LAW OFFICES OF DOMINICK W. LAVELLE are directed to serve a filed copy of this Order upon claimants by certified mail, return receipt requested, as well as by regular mail, and are 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 claimants, and claimants shall be considered pro se unless another attorney appears on their 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 claimants are directed to notify the Court, in writing, of the name and address of their new attorney if they have retained such an attorney, or alternatively that they are in fact proceeding pro se.


August 15, 2007
Syracuse, New York

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