New York State Court of Claims

New York State Court of Claims

DAVEY v. NEW YORK STATE OLYMPIC REGIONAL DEVELOPMENT AUTHORITY, #2007-015-210, Claim No. 111040, Motion No. M-73473


Synopsis


Counsel's motion to withdraw as counsel for the claimant was granted.

Case Information

UID:
2007-015-210
Claimant(s):
JASON R. DAVEY
Claimant short name:
DAVEY
Footnote (claimant name) :

Defendant(s):
NEW YORK STATE OLYMPIC REGIONAL DEVELOPMENT AUTHORITY
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
111040
Motion number(s):
M-73473
Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant’s attorney:
The Harding Law FirmBy: Charles R. Harding, Esquire
Defendant’s attorney:
Honorable Andrew M. Cuomo, Attorney General
By: Paul F. Cagino, EsquireNo Appearance
Third-party defendant’s attorney:

Signature date:
July 5, 2007
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Counsel for the claimant, The Harding Law Firm, moves by order to show cause to be relieved as counsel for the claimant. 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 to the Court that service of the order to show cause, together with the supporting papers, was effected 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 thirty days of the date of this decision and order, outgoing counsel for the claimant, The Harding Law Firm, 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, upon the attorney for the defendant; and it is further

ORDERED that upon filing of proof of such service with the Clerk of the Court of Claims The Harding Law Firm shall be relieved as counsel for the claimant, and it is further

ORDERED that all proceedings in this action are stayed until 30 days after the filing of the affidavits of service of this Order with the Clerk of the Court of Claims.



July 5, 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 filed May 31, 2007;
  2. Affirmation of Charles R. Harding dated March 20, 2007 with exhibit.