Opinion
# 2015-050-012 Claim No. 119265 Motion No. M-86128
03-13-2015
TRISHA ROBLES v. THE STATE OF NEW YORK
Silberstein, Awad & Miklos, P.C. By: Anthony Colantonio, Esq. Hon. Eric T. Schneiderman, NYS Attorney General By: Felicia G. Notaro, Assistant Attorney General
Synopsis
The attorney of record for the claimant moves for an order granting leave to withdraw as counsel for claimant. There is no opposition to the motion. Irreconcilable differences exist between claimant and claimant's attorney of record. The motion to withdraw as counsel is granted, the requested charging lien is denied, without prejudice.
Case information
| UID: | 2015-050-012 |
| Claimant(s): | TRISHA ROBLES |
| Claimant short name: | ROBLES |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 119265 |
| Motion number(s): | M-86128 |
| Cross-motion number(s): | |
| Judge: | STEPHEN J. LYNCH |
| Claimant's attorney: | Silberstein, Awad & Miklos, P.C. By: Anthony Colantonio, Esq. |
| Defendant's attorney: | Hon. Eric T. Schneiderman, NYS Attorney General By: Felicia G. Notaro, Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | March 13, 2015 |
| City: | Hauppauge |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
The attorney of record for the claimant moves for an order granting leave to withdraw as counsel. Claimant's counsel also seeks the establishment of a charging lien. The defendant has filed an "affirmation in response" taking no position as to the relief sought by movant but requesting that, if any stay be granted, it not exceed 90 days.
It is uncontroverted in the context of this unopposed motion that irreconcilable differences exist between claimant and claimant's attorney of record. Based on these circumstances the branch of the motion which seeks permission to withdraw is granted (see Sansiviero v Sanders, 117 AD2d 794 [2d Dept 1986]) and the Law Offices of Silberstein, Awad & Miklos, P.C. is granted leave to withdraw conditioned upon it serving the claimant with a copy of this decision and order within 30 days of the date of filing of this decision and order and filing proof of such service with the Clerk of this Court in Albany within 45 days of the date of filing of this decision and order. Upon compliance herewith, a stay shall exist for a period of 60 days (from the filing of such proof of service of this decision and order upon claimant) to permit claimant time to obtain substitute counsel. In the event new counsel does not appear within that 60-day period, claimant will be deemed to be proceeding on a self-represented basis herein.
The branch of the motion requesting a charging lien is denied without prejudice. Movant provided inaccurate documentary evidence regarding actual costs expended in pursuing the within claim in this Court, including in its detailing of expenses items which appear to relate to a separate action in the Supreme Court.
March 13, 2015
Hauppauge, New York
STEPHEN J. LYNCH
Judge of the Court of Claims
The following papers were read and considered by the Court on the claimant's attorney's motion to be relieved as counsel of record:
1. Order to Show Cause, Affirmation in Support with Exhibits A through D.
2. Affirmation in Response.