New York State Court of Claims

New York State Court of Claims
CIULLO v. THE STATE OF NEW YORK, # 2017-045-037, Claim No. 124529, Motion No. M-91058

Synopsis

attorney's motion to be relieved as counsel, also outstanding motion to be served on claimant.

Case information

UID: 2017-045-037
Claimant(s): In the Matter of JAMES CIULLO and JANNA CIULLO
Claimant short name: CIULLO
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 124529
Motion number(s): M-91058
Cross-motion number(s):
Judge: GINA M. LOPEZ-SUMMA
Claimant's attorney: Salenger, Sack, Kimmel & Bavaro, LLP
By: Christopher J. Pogan, Esq.
Defendant's attorney: Tromello, McDonnell & Kehoe
By: Kevin P. Slattery, Esq.
Third-party defendant's attorney:
Signature date: September 25, 2017
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 September 19, 2017, concerning the request by counsel, Salenger, Sack, Kimmel & Bavaro, LLP, for claimants, James Ciullo and Janna Ciullo, to be relieved as counsel.

A Claim was filed in this matter on June 17, 2014. At a hearing held by this Court 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 the burden to sustain this motion.

Therefore, for the foregoing reasons, the Court finds that claimants' attorney has made a sufficient showing in order to support the relief sought.

It is ordered that the motion in its entirety is granted, effective as of the date of movant's compliance with the following conditions: Salenger, Sack, Kimmel & Bavaro, LLP, shall mail a copy of this Decision and Order, as well as a copy of motion M-89890 which is currently pending in this matter, to claimants, James Ciullo and Janna Ciullo, at their last known address by certified mail, return receipt requested, and regular mail within ten (10) business days of the filing 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, James Ciullo and Janna Ciullo, 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, James Ciullo and Janna Ciullo, 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, James Ciullo and Janna Ciullo, shall be dismissed.

September 25, 2017

Hauppauge, New York

GINA M. LOPEZ-SUMMA

Judge of the Court of Claims