Opinion
# 2021-040-007 Claim No. 132091 Motion No. M-95775
02-22-2021
STEPHEN SOCCI v. STATE OF NEW YORK
LAW OFFICES OF THOMAS F. LIOTTI, LLC By: Thomas F. Liotti, Esq. Stephen Socci LETITIA JAMES Attorney General of the State of New York By: Douglas R. Kemp, Esq., AAG
Synopsis
Motion to be relieved as Claimant's counsel granted.
Case information
| UID: | 2021-040-007 |
| Claimant(s): | STEPHEN SOCCI |
| Claimant short name: | SOCCI |
| Footnote (claimant name) : | |
| Defendant(s): | STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 132091 |
| Motion number(s): | M-95775 |
| Cross-motion number(s): | |
| Judge: | CHRISTOPHER J. McCARTHY |
| Claimant's attorney: | LAW OFFICES OF THOMAS F. LIOTTI, LLC By: Thomas F. Liotti, Esq. Stephen Socci |
| Defendant's attorney: | LETITIA JAMES Attorney General of the State of New York By: Douglas R. Kemp, Esq., AAG |
| Third-party defendant's attorney: | |
| Signature date: | February 22, 2021 |
| City: | Albany |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
Claimant's counsel, by Order to Show Cause, has moved, pursuant to CPLR § 321(b)(2), for an order granting him leave to withdraw. Counsel has submitted proof of service that Claimant and the Attorney General have been served with copies of the Motion papers. As directed by the Court, Claimant was served by certified mail, return receipt requested, and first-class mail, at his last-known address, and by electronic mail. The State was served by first-class mail. The Court has received an Affidavit in Opposition from Claimant to this Motion to withdraw.
In Thomas F. Liotti's Affirmation submitted in support of the Motion, counsel asserts this is an action that involves the alleged theft of approximately $350,000 from Claimant's bank accounts while he was incarcerated and over which the State allegedly had control and supervision (Affirmation in Support of Thomas F. Liotti, Esq. [hereinafter, "Liotti Affirmation"], ¶ 3). Mr. Liotti asserts that he cannot represent Claimant in light of his uncooperative demeanor (id., ¶ 8). He further asserts that the attorney-client relationship has become irreparably damaged (id., ¶ 13). He states that Claimant has become angry and borderline belligerent with counsel on occasion. Counsel asserts that this makes working for Mr. Socci impossible (id., ¶ 15).
Mr. Liotti also avers: that Claimant is suspicious of the legal system and all connected to it; that Claimant has accused his firm of not being a strong enough advocate for him and not representing his best interests; that Claimant has delayed in paying his legal fees; advised counsel, at various times, that he wishes to represent himself; and has picked up copies of his files from the firm (Liotti Affirmation, ¶ 15). In addition, counsel provided the Court with an In Camera Affirmation, in which he further particularizes his reasons for seeking withdrawal. In view of legal and ethical constraints imposed upon him, counsel cannot particularize the reasons in his Motion papers.
Mr. Socci has submitted an affidavit in opposition to counsel's Motion wherein he states that he has paid Mr. Liotti approximately $50,000 in legal fees and that there is no present discord between him and his counsel. He states that he would like Mr. Liotti to continue as his lawyer (Affidavit of Stephen Socci, ¶¶ 2, 3). However, Claimant has not addressed any of the issues raised by Mr. Liotti, set forth above.
Based upon the record, the Court can see no significant resultant prejudice to Claimant if counsel's request is granted, and counsel has demonstrated sufficient cause to be permitted to withdraw (Solomon v Solomon, 172 AD2d 1081 [4th Dept 1991]).
The Motion is granted and the Chief Clerk is directed to amend her records by replacing Movant's name as attorney of record and, for now, indicating that Claimant will act on his own behalf. Claimant is to advise the Court by August 20, 2021 if he has obtained new counsel, is appearing pro se, or wishes to withdraw the Claim. The Law Offices of Thomas F. Liotti, LLC is directed to provide any and all records relating to this action to Claimant, if Claimant should contact counsel, or to new counsel for Claimant, upon request. This Claim was filed approximately two and one-half years ago and, while it appears that some discovery has been completed, the matter is not yet ready for trial. Thus, if he is still interested in prosecuting his Claim, Claimant will have time to retain new counsel and Defendant will not be substantially prejudiced by the delay in trial attributable to counsel's withdrawal.
Therefore, based upon the foregoing, it is:
ORDERED that Claimant's counsel's Motion for leave to withdraw is granted; and it is further
ORDERED that Claimant's counsel serve, by first-class mail and certified mail, return receipt requested, a copy of this Decision and Order upon Claimant, at the same last-known address as was the Order to Show Cause, and , also, by electronic mail, and also serve the same upon the Attorney General by first-class mail. Thereafter, Claimant's counsel is to file the affidavits of service in regard to the foregoing with the Clerk of the Court.
February 22, 2021
Albany, New York
CHRISTOPHER J. McCARTHY
Judge of the Court of Claims The following papers were considered on Claimant's attorney's Motion for an order permitting withdrawal: Papers Numbered Order to Show Cause, Affirmation, and Affidavits of Service 1 Affidavit in Opposition from Claimant 2 Filed Papers: Claim, Answer