New York State Court of Claims

New York State Court of Claims

AGUAYO v. THE STATE OF NEW YORK, #2008-009-003, Claim No. 112251, Motion No. M-74287


Synopsis


The application of claimant’s attorneys to be relieved from representation was granted.

Case Information

UID:
2008-009-003
Claimant(s):
ALEXIS AGUAYO
Claimant short name:
AGUAYO
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
112251
Motion number(s):
M-74287
Cross-motion number(s):

Judge:
NICHOLAS V. MIDEY JR.
Claimant’s attorney:
LYNN LAW FIRM
BY: Walter F. Benson, Esq.,Of Counsel.
Defendant’s attorney:
HON. ANDREW M. CUOMO
Attorney GeneralBY: No appearance.
Third-party defendant’s attorney:

Signature date:
January 22, 2008
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

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

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


Correspondence from claimant, dated December 12, 2007 3

In his supporting affirmation, Attorney Walter F. Benson has indicated that approximately one year ago (on December 28, 2006) he advised claimant, by letter, that due to conflicting statements regarding the circumstances surrounding this claim, neither he nor his law firm would pursue this claim any further. Mr. Benson further states that he has had no communication with or from claimant since that date.

Following service of the Order to Show Cause upon him, claimant contacted this Court, in writing, regarding this application, but did not express any opposition to the relief sought herein, nor did he present any information that would convince this Court that his attorneys should not be relieved from any further representation of him in this matter.

Based on the foregoing, therefore, the application of Walter F. Benson, Esq. and The Lynn Law Firm, LLP, to be relieved from further representation of the claimant in this matter is hereby granted, to the extent provided herein, and it is

ORDERED, that Walter F. Benson, Esq. and the Lynn Law Firm, LLP, are directed to serve a filed copy of this Order upon claimant 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 claimant, and claimant shall be considered pro se unless another attorney appears on his 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 claimant is directed to notify the Court, in writing, of the name and address of his new attorney, if he has retained such an attorney, or that he is in fact proceeding pro se; and it is further

ORDERED, that Walter F. Benson, Esq. and the Lynn Law Firm, LLP, shall have a retaining lien upon this litigation for legal services rendered to date, as well as disbursements incurred.


January 22, 2008
Syracuse, New York

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