Opinion
# 2017-045-037 Claim No. 124529 Motion No. M-91058
09-25-2017
In the Matter of JAMES CIULLO and JANNA CIULLO v. THE STATE OF NEW YORK
Salenger, Sack, Kimmel & Bavaro, LLP By: Christopher J. Pogan, Esq. Tromello, McDonnell & Kehoe By: Kevin P. Slattery, Esq.
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