|Claimant(s):||In the matter of the Claim of CATHERINE KING, Individually and as Proposed Administratrix of the Estate of ALLEYNE KING, Deceased|
|Claimant short name:||KING|
|Footnote (claimant name) :|
|Defendant(s):||THE STATE OF NEW YORK|
|Footnote (defendant name) :|
|Judge:||Alan C. Marin|
|Claimant's attorney:||Raymond A. Raskin, Esq.|
|Defendant's attorney:||Andrew M. Cuomo, Attorney General
By: Albert E. Masry, Esq., AAG
|Third-party defendant's attorney:|
|Signature date:||November 9, 2009|
|See also (multicaptioned case)|
By Order to Show Cause, Raymond A. Raskin, Esq. moves for permission to be relieved as counsel to claimant Catherine King. Ms. King's claim alleges medical malpractice and lack of informed consent at Downstate Medical Center.
Pursuant to CPLR §321(b)(2), approval of the court is required in order for an attorney to withdraw as counsel for a litigant. To succeed on such a motion, the attorney must show reasonable notice to the client and good and sufficient cause for the withdrawal. See, e.g., J. M. Heinike Associates, Inc. v Liberty Natl. Bank, 142 AD2d 929, 530 NYS2d 355 (4th Dept 1988). What constitutes good cause lies within the discretion of the court.
Here, with regard to notice, claimant was served with the Order to Show Cause; she did not submit any opposition papers. As to cause, "[i]rreconcilable differences between the attorney and the client with respect to the proper course to be pursued in litigation . . . [and] an established breakdown in communications between attorney and client . . . are viewed as strong grounds for allowing withdrawal . . ." Waid v State of New York, Ct Cl, June 12, 2002 (unreported, Claim No. 104912, Motion No. M-65176, UID #2002-013-025(1) , Patti, J.). Having reviewed Mr. Raskin's submissions, I find that he has established good and sufficient cause for withdrawal.
Accordingly, having reviewed the submissions(2) , IT IS ORDERED that motion no. M-77137 be granted to the extent that:
1. Raymond A. Raskin, Esq. is permitted to withdraw as attorney of record for claimant Catherine King, subject to ¶2, below. Within thirty (30) days of the date of filing of this Decision and Order, Raymond A. Raskin, Esq. shall serve a file-stamped copy of the Decision and Order on claimant Catherine King by certified mail, return receipt requested and by regular mail, and on defendant by regular mail;
2. Raymond A. Raskin, Esq. shall file proof of service on claimant Catherine King and on defendant with the Clerk of the Court. Upon the Clerk's receipt of said proofs of service, Raymond A. Raskin, Esq. shall be relieved from representation of claimant Catherine King;
3. Claimant Catherine King shall, within ninety (90) days of service upon her of a file-stamped copy of this Decision and Order, notify the Clerk of the Court and the State of New York in writing of her intention to proceed pro se (without counsel) or file a notice of appearance by a new attorney; and
4. In the event claimant fails to appear pro se or by new counsel within the said ninety (90) day period, the claim herein will be deemed dismissed pursuant to 22 NYCRR §206.15 and no further order of this court will be required.
November 9, 2009
New York, New York
Alan C. Marin
Judge of the Court of Claims
1. This and other decisions of the Court of Claims may be found on the court's website: www.nyscourtofclaims.state.ny.us.
2. The Court reviewed claimant's counsel's affirmation in support of this motion with exhibit A, and defendant's affirmation taking no position. Claimant failed to respond to the Order to Show Cause.