Opinion
# 2019-054-091Claim No. 125839Motion No. M-94709
11-27-2019
DWIGHT JACKSON SR. v. THE STATE OF NEW YORK
LAW OFFICES OF DEVON M. RADLIN By: Devon M. Radlin, Esq. HON. LETITIA JAMES Attorney General for the State of New York
Synopsis
Counsel's motion to be relieved as counsel granted.
Case information
| UID: | 2019-054-091 |
| Claimant(s): | DWIGHT JACKSON SR. |
| Claimant short name: | JACKSON |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 125839 |
| Motion number(s): | M-94709 |
| Cross-motion number(s): | |
| Judge: | WALTER RIVERA |
| Claimant's attorney: | LAW OFFICES OF DEVON M. RADLIN By: Devon M. Radlin, Esq. |
| Defendant's attorney: | HON. LETITIA JAMES Attorney General for the State of New York |
| Third-party defendant's attorney: | |
| Signature date: | November 27, 2019 |
| 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 Devon M. Radlin, Esq., to be relieved as counsel for Dwight Jackson regarding Claim No. 125839:
Order to Show Cause, Attorney's Supporting Affirmation and Exhibit, Amended Order to Show Cause, Attorney's Supporting Affirmation and Exhibit
Devon M. Radlin brings this application to be relieved as counsel for claimant in the prosecution of Claim No. 125839 on the grounds that, despite counsel's numerous attempts to contact claimant over the past six months, claimant has not made any contact with counsel. Accordingly, counsel maintains that the failure of communication has strained counsel's ability to represent claimant in the prosecution of this claim. Claimant 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. 125839 is hereby GRANTED.
IT IS FURTHER ORDERED that the prosecution of Claim No. 125839 is stayed for 90 days from the filed-stamped date of this Decision and Order to permit Dwight Jackson an opportunity to retain new counsel. If by that time an appearance of counsel has not been filed with the Court, Dwight Jackson will be deemed to appear pro se. Dwight Jackson 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 March 31, 2020 at 10:00 a.m. at the New York State Court of Claims, 140 Grand Street, Suite 507, White Plains, New York, where Dwight Jackson (either by new counsel or pro se) and defendant's attorney shall appear in person. Should Dwight Jackson or his 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, Radlin 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 Dwight Jackson by certified mail, return receipt requested, and by ordinary mail to his last known address and that the case file has been turned over to him.
November 27, 2019
White Plains, New York
WALTER RIVERA
Judge of the Court of Claims