Opinion
# 2015-015-114 Claim No. 125755 Motion No. M-875222 Cross-Motion No. CM-87523
12-21-2015
DAVIDSON v. THE STATE OF NEW YORK
Franzblau Dratch, P.C. By: Bryan M. Dratch, Esquire Ronald Davidson Law Office Of Susan B. Owens No Appearance
Synopsis
Counsel's motion to withdraw as counsel for the claimant was denied where he failed to serve the Order to Show Cause as requried.
Case information
| UID: | 2015-015-114 |
| Claimant(s): | RONALD DAVIDSON |
| Claimant short name: | DAVIDSON |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 125755 |
| Motion number(s): | M-875222 |
| Cross-motion number(s): | CM-87523 |
| Judge: | FRANCIS T. COLLINS |
| Claimant's attorney: | Franzblau Dratch, P.C. By: Bryan M. Dratch, Esquire Ronald Davidson |
| Defendant's attorney: | Law Office Of Susan B. Owens No Appearance |
| Third-party defendant's attorney: | |
| Signature date: | December 21, 2015 |
| City: | Saratoga Springs |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
Claimant's counsel, Franzblau Dratch, P.C., moves by Order to Show Cause to withdraw as counsel for the claimant. Claimant opposes the motion and cross-moves for an Order directing his counsel to obtain various discovery and prepare the case for trial.
The Order to Show Cause directed "that by first class mail, a copy of this Order and the affirmation upon which it is based, be served on counsel for all appearing parties and served on claimant by regular mail and certified mail, return receipt requested." However, the affirmation of service of Brian M. Dratch indicates that the Order to Show Cause was served only on the claimant. Accordingly, the relief requested in the Order to Show Cause must be denied.
Claimant's cross-motion for an Order directing his lawyer to prosecute his claim is denied. If claimant is dissatisfied with his lawyer's representation of his interests, he should terminate the attorney-client relationship or retain new counsel.
December 21, 2015
Saratoga Springs, New York
FRANCIS T. COLLINS
Judge of the Court of Claims The Court considered the following papers: 1. Order to show cause dated October 15, 2015; 2. Affirmation of Brian M. Dratch dated October 2, 2015 with exhibits A-E; 3. Notice of cross-motion dated October 9, 2015; 4. Affidavit of Ronald Davidson sworn to October 9, 2015 with exhibits A-F.