Opinion
# 2020-054-044 Claim No. 123980 Motion No. M-96178
01-06-2021
CRAEG ROBINSON v. THE STATE OF NEW YORK
LAW OFFICE OF KENNETH JOELSON By: Kenneth Joelson, Esq. HON. LETITIA JAMES Attorney General for the State of New York By: Elizabeth Gavin, Assistant Attorney General
Synopsis
Withdrawal of counsel granted.
Case information
| UID: | 2020-054-044 |
| Claimant(s): | CRAEG ROBINSON |
| Claimant short name: | ROBINSON |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 123980 |
| Motion number(s): | M-96178 |
| Cross-motion number(s): | |
| Judge: | WALTER RIVERA |
| Claimant's attorney: | LAW OFFICE OF KENNETH JOELSON By: Kenneth Joelson, Esq. |
| Defendant's attorney: | HON. LETITIA JAMES Attorney General for the State of New York By: Elizabeth Gavin, Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | January 6, 2021 |
| City: | White Plains |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
The following papers were read and considered by the Court on the unopposed application of The Law Office of Kenneth Joelson to be relieved as counsel for Craeg Robinson regarding Claim No. 123980:
Order to Show Cause, Notice of Motion, Attorney's Supporting Affirmation and Exhibits
The Law Office of Kenneth Joelson brings this application to be relieved as counsel for claimant in the prosecution of Claim No. 123980 on the grounds that, despite the law office's numerous attempts to contact claimant, by telephone and by mail, since his release from incarceration at Green Haven Correctional Facility in May of 2017, claimant has not made any contact with the law office nor responded to any of the mailings or telephone messages left for claimant by the law office. Accordingly, the law office maintains that the failure of communication has strained counsel's ability to represent claimant in the prosecution of this claim. Defendant has not submitted opposition papers.
The Rules of Professional Conduct provide that a lawyer may withdraw from representing a client if the client "fails to cooperate in the representation or otherwise renders the representation unreasonably difficult for the lawyer to carry out employment effectively" (22 NYCRR § 1200.0; Rules of Professional Conduct, Rule 1.16 [c] [7]; see Walker v Mount Vernon Hosp., 5 AD3d 590 [2d Dept 2004]). On a motion to withdraw as counsel, the movant must demonstrate reasonable notice to the client and good and sufficient cause for the withdrawal (see Willis v Holder, 43 AD3d 1441 [4th Dept 2007]; J.M. Heinike Assoc. v Liberty Natl. Bank, 142 AD2d 929 [4th Dept 1988]; Johns-Manville Sales Corp. v State Univ. Constr. Fund, 79 AD2d 782 [3d Dept 1980]).
Upon careful consideration of the papers before this Court, movant's unopposed application to be relieved as counsel in Claim No. 123980 is hereby GRANTED.
IT IS FURTHER ORDERED that the prosecution of Claim No. 123980 is stayed for 90 days from the filed-stamped date of this Decision and Order to permit Craeg Robinson an opportunity to retain new counsel. If by that time an appearance of counsel has not been filed with the Court, Craeg Robinson will be deemed to appear pro se. Craeg Robinson is reminded that he is required to inform the Clerk of the Court in Albany, in writing, of any change in his address.
IT IS FURTHER ORDERED that a preliminary conference on this claim is scheduled for June 14, 2021 at 11:00 a.m. at the New York State Court of Claims, 140 Grand Street, Suite 507, White Plains, New York, where Craeg Robinson (either by new counsel or pro se) and defendant's attorney shall appear in person. Should Craeg Robinson or his newly retained attorney fail to appear for the scheduled preliminary conference, this Court will dismiss the instant claim (22 NYCRR § 206.10 [g]).
IT IS FURTHER ORDERED that, within 14 days of the filed-stamped date of this Decision and Order, the Law Office of Kenneth Joelson is directed to file an affidavit with the Chief Clerk's office indicating that service of a copy of this Decision and Order was made upon Craeg Robinson by certified mail, return receipt requested, and by ordinary mail to his last known address. Additionally, the Law Office of Kenneth Joelson is directed to file an affidavit with the Chief Clerk's office indicating that the case file has been turned over to claimant or claimant's new counsel within five days of claimant's request for the file.
January 6, 2021
White Plains, New York
WALTER RIVERA
Judge of the Court of Claims