Opinion
# 2015-045-027 Claim No. 125277 Motion No. M-86949
08-14-2015
SW, An Infant, by her Mother and Natural Guardian JULIE RICHARDS v. STATE OF NEW YORK
The Fitzgerald Law Firm, P.C. By: Adam C. Weiss, Esq. Hon. Eric T. Schneiderman, Attorney General By: Marcie K. Glasser, Assistant Attorney General
Synopsis
attorney's motion to be relieved as counsel.
Case information
| UID: | 2015-045-027 |
| Claimant(s): | SW, An Infant, by her Mother and Natural Guardian JULIE RICHARDS |
| Claimant short name: | RICHARDS |
| Footnote (claimant name) : | The caption has been amended to provide only the infant claimant's initials pursuant to 22 NYCRR 206.5 (e) (iii). |
| Defendant(s): | STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 125277 |
| Motion number(s): | M-86949 |
| Cross-motion number(s): | |
| Judge: | GINA M. LOPEZ-SUMMA |
| Claimant's attorney: | The Fitzgerald Law Firm, P.C. By: Adam C. Weiss, Esq. |
| Defendant's attorney: | Hon. Eric T. Schneiderman, Attorney General By: Marcie K. Glasser, Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | August 14, 2015 |
| City: | Hauppauge |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
Pursuant to an Order to Show Cause, a hearing was held before this Court on August 13, 2015, concerning the request by counsel, The Fitzgerald Law Firm, P.C., for claimant, SW, an infant, by her mother and natural guardian Julie Richards, to be relieved as counsel.
A Claim was filed in this matter on November 19, 2014. At the hearing held by this Court on August 13, 2015, claimant's attorney presented the reasons for making this motion. An attorney may withdraw as counsel upon a showing of good and sufficient cause and reasonable notice (Walker v Mount Vernon Hosp., 5 AD3d 590 [2d Dept 2004]). Based upon the information provided to the Court, the Court finds that counsel has satisfied the burden to sustain this motion.
Therefore, for the foregoing reasons, the Court finds that claimant's attorney has made a sufficient showing in order to support the relief sought.
It is ordered that the motion in its entirety is granted, effective as of the date of movant's compliance with the following conditions: The Fitzgerald Law Firm, P.C., shall mail a copy of this Decision and Order to claimant, SW, an infant, by her mother and natural guardian Julie Richards, at her last known address by certified mail, return receipt requested, and regular mail within five (5) business days of its receipt of this Decision and Order, providing proof of service to the Court and Clerk of the Court of Claims.
Additionally, it is ordered that within sixty (60) days of the filing of this Decision and Order, claimant, SW, an infant, by her mother and natural guardian Julie Richards, shall either retain new counsel to represent her and such counsel shall serve and file a notice of appearance or if claimant does not wish to pursue this claim, claimant, SW, an infant, by her mother and natural guardian Julie Richards, shall notify the Court within sixty (60) days of the filing of this Decision and Order.
Lastly, it is ordered, that if a notice of appearance or notification, pursuant to the previous paragraph, is not filed within sixty (60) days of the filing of this Decision and Order, then the claim of claimant, SW, an infant, by her mother and natural guardian Julie Richards, shall be dismissed.
August 14, 2015
Hauppauge, New York
GINA M. LOPEZ-SUMMA
Judge of the Court of Claims