New York State Court of Claims

New York State Court of Claims

BURDICK v. STATE OF NEW YORK, #2007-015-166, Claim No. 110175, Motion No. M-72748


Synopsis


Attorney's motion to be relieved as counsel for the claimant was granted. Client rendered it unreasonably difficult for the attorney to carry out his employment.

Case Information

UID:
2007-015-166
Claimant(s):
JOHN BURDICK
Claimant short name:
BURDICK
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
110175
Motion number(s):
M-72748
Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant’s attorney:
Elmer Robert Keach, III, Esquire
Defendant’s attorney:
Honorable Andrew M. Cuomo, Attorney General
By: Dennis M. Acton, Esquire
Assistant Attorney GeneralNo Appearance
Third-party defendant’s attorney:

Signature date:
March 28, 2007
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Counsel for the claimant, Elmer Robert Keach, III, moves by order to show cause to be relieved as counsel for the claimant pursuant to CPLR 321(b)(2) and 22 NYCRR 1200.15(c). A lawyer may withdraw from representing a client if the client "renders it unreasonably difficult for the lawyer to carry out employment effectively" (22 NYCRR 1200.15[c][1][iv]). Here, counsel for the claimant demonstrated good cause in support of his motion for leave to withdraw as claimant's counsel (see Green v Gasparini, 24 AD3d 505 [2005]; Tartaglione v Tiffany, 280 AD2d 543 [2001] ). Sufficient evidence having been submitted that the order to show cause, together with the supporting papers, was properly served on both the claimant and defense counsel, and there being no opposition thereto, counsel's application for leave to withdraw as counsel for the claimant is granted, and it is hereby

ORDERED that within twenty days of the date this decision and order is filed, outgoing counsel for the claimant, Elmer Robert Keach, III, shall (1) serve the claimant with a copy of this decision and order by certified mail, return receipt requested, and by ordinary mail, which shall constitute notice to appoint another attorney or to proceed pro se; and (2) serve a copy of this decision and order by ordinary mail with proof of mailing, upon the attorney for the defendant; (3) file the affidavits of service with the Clerk of the Court, and it is further

ORDERED that the claimant shall notify the Court within thirty days after receipt of this decision and order of the substitution of counsel or that he intends to proceed pro se, and it is further

ORDERED that all proceedings in this action are stayed until 30 days after service upon the claimant is complete.



March 28, 2007
Saratoga Springs, New York

HON. FRANCIS T. COLLINS
Judge of the Court of Claims


The Court considered the following papers:
  1. Order to show cause dated December 15, 2006;
  2. Affirmation of Elmer Robert Keach, III dated December 4, 2006;
  3. "Sealed" affirmation of Elmer Robert Keach, III dated December 13, 2006 with exhibits.