Pursuant to an Order to Show Cause, a hearing was held before this Court on
November 10, 2009 concerning the request by counsel, Andrew Rosner &
Associates, for claimants, Michael Tracy and Celeste Tracy, to be relieved as
counsel. Defendant takes no position on this application. A Claim was filed in
this matter on September 24, 2007. At the hearing held by this Court on
November 10, 2009, claimants’ 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 claimants’
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 Andrew
Rosner & Associates, shall mail a copy of this decision and order to
claimants, Michael Tracy and Celeste Tracy, 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, Michael Tracy and Celeste Tracy, 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,
Michael Tracy and Celeste Tracy, 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, Michael Tracy and
Celeste Tracy, shall be dismissed.
All other requests for relief are denied.