New York State Court of Claims

New York State Court of Claims

SCISM v. STATE OF NEW YORK, #2009-040-008, Claim No. 111122, Motion No. M-75838


Attorney’s motion to withdraw granted.

Case Information

1 1.Caption amended to reflect the State of New York as the proper defendant.
Claimant short name:
Footnote (claimant name) :

Footnote (defendant name) :
Caption amended to reflect the State of New York as the proper defendant.
Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
Motion number(s):
Cross-motion number(s):

Claimant’s attorney:
HORIGAN, HORIGAN & LOMBARDO, P.C.By: Joseph D. Giannetti, Esq.
Defendant’s attorney:
Attorney General of the State of New YorkBy: Stephen J. Maher, Esq., AAG
Third-party defendant’s attorney:

Signature date:
January 16, 2009

Official citation:

Appellate results:

See also (multicaptioned case)


Claimant’s counsel, by Order to Show Cause, has moved pursuant to CPLR § 321(b)(2), for an order granting him leave to withdraw. Counsel has submitted proof of service that Claimant and the Attorney General have been served with copies of the motion. As directed by the Court, Claimant was served by regular mail and certified mail, return receipt requested and the State was served by regular mail. The Court has not received any opposition to this motion to withdraw.

In Joseph D. Giannetti’s affidavit submitted in support of the motion, counsel advised the Court of his reasons for seeking leave to withdraw. In reading the papers submitted by counsel it is abundantly clear to the Court that counsel and Claimant disagree regarding the strengths and weaknesses of the case.

Claimant has raised no objection to the withdrawal. Based upon the record, the Court can see no significant resultant prejudice to Claimant if counsel’s request is granted and counsel has demonstrated sufficient cause to be permitted to withdraw (Solomon v Solomon, 172 AD2d 1081 [4th Dept 1991]).

The motion is granted and the Chief Clerk is directed to amend his records by replacing Movant’s name as attorney of record and, for now, indicating that Claimant will act on his own behalf. Claimant is to advise the Court by April 15, 2009 if he has obtained new counsel, is appearing pro se, or wishes to withdraw the Claim. Mr. Giannetti is directed to turn over any and all records relating to this action to Claimant, or to new counsel for Claimant, upon request. This Claim was filed approximately three-and-one-half years ago and, based upon a review of the Court’s file, some discovery has taken place but a Note of Issue and Certificate of Readiness have not yet been filed. Thus, if he is still interested in prosecuting his claim, Claimant will have time to retain new counsel and Defendant will not be prejudiced by any delay in trial attributable to counsel’s withdrawal.

Therefore, based upon the foregoing, it is:

ORDERED that Claimant’s counsel’s motion for leave to withdraw is granted and it is further

ORDERED that Claimant’s counsel mail, by first-class mail and certified mail, return receipt requested, a copy of this Decision and Order to Claimant, at his last-known address, and also serve the same upon the Attorney General by first-class mail. Thereafter, Claimant’s counsel is to file the affidavits of service in regard to the foregoing with the Clerk of the Court.

January 16, 2009
Albany, New York

Judge of the Court of Claims

The following papers were considered on Claimant’s attorney’s motion for an order permitting withdrawal:

Papers Numbered

Order to Show Cause, Affidavit
and Affidavits of Service Attached 1

Filed Papers: Claim, Answer