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
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
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.