New York State Court of Claims

New York State Court of Claims

WALKER v. THE STATE OF NEW YORK, #2009-045-007, Claim No. 113919, Motion No. M-76256


Synopsis



Case Information

UID:
2009-045-007
Claimant(s):
In the matter of the claim of RICKY JAMES WALKER
Claimant short name:
WALKER
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
113919
Motion number(s):
M-76256
Cross-motion number(s):

Judge:
GINA M. LOPEZ-SUMMA
Claimant’s attorney:
Dell & Little, LLPBy: Keri A. Wehrheim, Esq.
Defendant’s attorney:
Hon. Andrew M. Cuomo, Attorney GeneralBy: Todd A. Schall, Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
February 27, 2009
City:
Hauppauge
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Pursuant to an Order to Show Cause, a hearing was held before this Court on February 26, 2009 concerning the request by counsel, Dell & Little, LLP, for claimant, Ricky James Walker, to be relieved as counsel. Defendant takes no position on this application. A Claim was filed in this matter on July 5, 2007. At the hearing held by this Court on February 26, 2009, claimant’s attorney presented the reasons for making this motion. An attorney may withdraw as counsel upon a showing of good and sufficient cause and reasonable notice (Walker v Mount Vernon Hosp., 5 AD3d 590 [2d Dept 2004]). Based upon the information provided to the Court, the Court finds that counsel has satisfied its burden to sustain this motion.

Therefore, for the foregoing reasons, the Court finds that claimant’s attorney

has made a sufficient showing in order to support the relief sought.

It is ordered that the motion is granted, effective as of the date of movant’s compliance with the following conditions: The firm of Dell & Little, LLP, shall mail a copy of this decision and order to claimant, Ricky James Walker, at his last known address by certified mail, return receipt requested, and regular mail within five (5) business days of its receipt of this decision and order, providing proof of service to the Court and Clerk of the Court of Claims.

Additionally, it is ordered that within sixty (60) days of the filing of this decision and order, claimant, Ricky James Walker, shall either retain new counsel to represent him and such counsel shall serve and file a notice of appearance or, if he has been unable to secure new counsel, wishes to represent himself, or does not wish to pursue this claim, claimant, Ricky James Walker, shall notify the Court within sixty (60) days of the filing of this Decision and Order.

Lastly, it is ordered, that if a notice of appearance or notification, pursuant to the previous paragraph, is not filed within sixty (60) days of the filing of this decision and order then the claim of claimant, Ricky James Walker, shall be dismissed.

February 27, 2009
Hauppauge, New York

HON. GINA M. LOPEZ-SUMMA
Judge of the Court of Claims