Opinion
# 2011-015-277 Claim No. 119362 Motion No. M-80258
12-05-2011
MOLLOY v. THE STATE OF NEW YORK
Synopsis
Motion by claimant's counsel to be relieved as counsel for the claimant was granted. Case information
UID: 2011-015-277 Claimant(s): ANTHONY MOLLOY Claimant short name: MOLLOY Footnote (claimant name) : Defendant(s): THE STATE OF NEW YORK Footnote (defendant name) : Third-party claimant(s): Third-party defendant(s): Claim number(s): 119362 Motion number(s): M-80258 Cross-motion number(s): Judge: FRANCIS T. COLLINS Jaroslawicz & Jaros, LLC Claimant's attorney: By: David Jaroslawicz, Esquire Honorable Eric T. Schneiderman, Attorney General Defendant's attorney: By: Glenn C. King, Esquire Assistant Attorney General Third-party defendant's attorney: Signature date: December 5, 2011 City: Saratoga Springs Comments: Official citation: Appellate results: See also (multicaptioned case) Decision
Claimant's counsel, Jaroslawicz & Jaros, LLC, moves by Order To Show Cause to be relieved as counsel for the claimant.
Claimant alleges he was seriously injured on January 17, 2010 while snowboarding at the Belleayre Mountain Ski Center Area 51 Terrain Park. In support of the motion , claimant's counsel, David Jaroslawicz, Esq., avers that he and his client have "irreconcilable differences of opinion, which makes it impossible for [them] to continue as counsel" (Affidavit of David Jaroslawicz, p.2). Termination of the attorney-client relationship requires a showing of "good and sufficient cause" (Lake v M.P.C. Trucking, 279 AD2d 813 [2001]). Good and sufficient cause exists where there are " 'irreconcilable differences between the attorney and the client with respect to the proper course to be pursued in [the] litigation' " (id. at 814, quoting Winters v Rise Steel Erection Corp., 231 AD2d 626, 626 [1996]; see also Mazzuca v Warren P. Wielt Trust, 59 AD3d 907 [2009]). Movant having sufficiently established the existence of irreconcilable differences with the claimant, and there being no opposition to the instant motion, it is hereby
ORDERED, that upon compliance with the conditions hereinafter set forth, movant's application to withdraw as counsel for the claimant is granted pursuant to CPLR 321 (b) (2); and it is further
ORDERED, that within fifteen (15) days of the filing of this Decision and Order, withdrawing counsel shall serve a copy thereof with notice of entry upon claimant by regular mail and by certified mail, return receipt requested, at his last known address. A copy of the Decision and Order shall also be served upon defense counsel by regular mail and affidavits of such service shall be filed with the Clerk of the Court. It is further
ORDERED, that within fifteen (15) days of the filing of this Decision and Order, withdrawing counsel shall provide claimant with a copy of his file by regular mail and by certified mail, return receipt requested, at his last known address. Counsel shall file an affidavit of compliance with the Clerk of the Court. It is further
ORDERED that the movant shall be relieved as counsel for claimant upon receipt of the affidavit of service and affidavit of compliance in the Office of the Clerk of the Court of Claims. It is further
ORDERED, that all proceedings herein are stayed for forty-five (45) days from the filing of this Decision and Order. Within such time claimant shall either secure new counsel who shall file a Notice of Appearance with the Clerk of the Court or notify the Clerk of the Court (New York State Court of Claims, P.O. Box 7344, Capitol Station, Albany, NY 12224) and the attorney for the defendant in writing of his intention to proceed without counsel (pro se).
December 5, 2011
Saratoga Springs, New York
FRANCIS T. COLLINS
Judge of the Court of Claims
The Court considered the following papers:
1. Order To Show Cause filed August 12, 2011;
2. Affidavit of David Jaroslawicz sworn to August 1, 2011 with exhibits;
3. Letter dated August 24, 2011 from Glenn C. King.