New York State Court of Claims

New York State Court of Claims

GIBBS v. THE STATE OF NEW YORK, #2008-015-001, Claim No. 112946, Motion No. M-74086


Synopsis


Motion to withdraw as counsel for the claimant was granted where lawyer sufficiently established that conduct of client rendered it unreasonably difficult to carry out employment effectively.

Case Information

UID:
2008-015-001
Claimant(s):
KENNETH GIBBS
Claimant short name:
GIBBS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
112946
Motion number(s):
M-74086
Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant’s attorney:
Alfred P. Kremer, Esquire
Defendant’s attorney:
Honorable Andrew M. Cuomo, Attorney General
By: Saul Aronson, Esquire
Assistant Attorney GeneralNo Appearance
Third-party defendant’s attorney:

Signature date:
January 4, 2008
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision

Counsel for the claimant, Alfred P. Kremer, moves by order to show cause to be relieved as counsel for the claimant pursuant to CPLR 321(b)(2). 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 twenty days of the date this decision and order is filed, outgoing counsel for the claimant 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.



January 4, 2008
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 October 3, 2007;
  2. Affidavit of Alfred P. Kremer sworn to September 27, 2007 with exhibit;
  3. Amended affidavit of Alfred P. Kremer sworn to September 17, 2007.