New York State Court of Claims

New York State Court of Claims

SWEZEY v. THE STATE OF NEW YORK, #2009-045-028, Claim No. 114858, Motion No. M-77380


Synopsis


motion to be relieved as counsel.

Case Information

UID:
2009-045-028
Claimant(s):
ALFRED SWEZEY, JR. and DIANE SWEZEY
Claimant short name:
SWEZEY
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
114858
Motion number(s):
M-77380
Cross-motion number(s):

Judge:
GINA M. LOPEZ-SUMMA
Claimant’s attorney:
Bauman & Kunkis, P.C. and Siben & Siben, LLPBy: Roger M. Kunkis, Esq. and Christopher R. Dean, Esq.
Defendant’s attorney:
Hon. Andrew M. Cuomo, Attorney GeneralBy: Felicia G. Notaro and Dan Chu, Assistant Attorneys General
Third-party defendant’s attorney:

Signature date:
November 10, 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 November 10, 2009 concerning the request by counsel, Bauman & Kunkis, P.C. and Siben & Siben, LLP, for claimants, Alfred Swezey, Jr. and Diane Swezey, to be relieved as counsel. Defendant takes no position on this application. A Claim was filed in this matter on February 19, 2008. At the hearing held by this Court on November 10, 2009, claimants’ attorneys 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 have satisfied their burden to sustain this motion.

Therefore, for the foregoing reasons, the Court finds that claimants’ attorneys

have 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 movants’ compliance with the following conditions: The firm of Bauman & Kunkis, P.C., shall mail a copy of this decision and order to claimants, Alfred Swezey, Jr. and Diane Swezey, at their 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, claimants, Alfred Swezey, Jr. and Diane Swezey, shall either retain new counsel to represent them and such counsel shall serve and file a notice of appearance or, if they have been unable to secure new counsel, wish to represent themselves, or do not wish to pursue this claim, claimants, Alfred Swezey, Jr. and Diane Swezey, 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 claimants, Alfred Swezey, Jr. and Diane Swezey, shall be dismissed.

All other requests for relief are denied.


November 10, 2009
Hauppauge, New York

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