New York State Court of Claims

New York State Court of Claims
MILAU v. STONY BROOK UNIVERSITY HOSPITAL, THE STATE UNIVERSITY OF NEW YORK, and THE STATE OF NEW YORK, # 2018-045-016, Claim No. 129021, Motion No. M-92106

Synopsis

attorney's motion to be relieved as counsel.

Case information

UID: 2018-045-016
Claimant(s): MARY MILAU, Individually, and in her capacity as Guardian of GREGORY MILAU
Claimant short name: MILAU
Footnote (claimant name) :
Defendant(s): STONY BROOK UNIVERSITY HOSPITAL, THE STATE UNIVERSITY OF NEW YORK, and THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 129021
Motion number(s): M-92106
Cross-motion number(s):
Judge: GINA M. LOPEZ-SUMMA
Claimant's attorney: Law Offices of Wayne J. Schaefer, LLC
By: Wayne J. Schaefer, Esq.
Defendant's attorney: Hon. Eric T. Schneiderman, Attorney General
By: Felicia Notaro, Assistant Attorney General
Third-party defendant's attorney:
Signature date: April 26, 2018
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 April 26, 2018, concerning the request by counsel, Law Offices of Wayne J. Schaefer, LLC, for claimants, Mary Milau, individually, and in her capacity as guardian of Gregory Milau, to be relieved as counsel.

A Claim was filed in this matter on January 3, 2017. At a hearing held by this Court claimants' 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 claimants' attorney has made a sufficient showing in order to support the relief sought.

It is ordered that the motion is granted, effective as of the date of movant's compliance with the following conditions: Law Offices of Wayne J. Schaefer, LLC, shall mail a copy of this Decision and Order to claimants, Mary Milau, individually, and in her capacity as guardian of Gregory Milau, at their last known address by certified mail, return receipt requested, and regular mail within 10 business days of the filing 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 one hundred and eighty (180) days of the filing of this Decision and Order, claimants, Mary Milau, individually, and in her capacity as guardian of Gregory Milau, shall either retain new counsel to represent them and such counsel shall serve and file a notice of appearance or, if they have been unable to secure new counsel, wish to represent themselves, or do not wish to pursue this claim, claimants, Mary Milau, individually, and in her capacity as guardian of Gregory Milau, shall notify the Court within one hundred and eighty (180) 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 one hundred and eighty (180) days of the filing of this Decision and Order then the claim of claimants, Mary Milau, individually, and in her capacity as guardian of Gregory Milau, shall be dismissed.

April 26, 2018

Hauppauge, New York

GINA M. LOPEZ-SUMMA

Judge of the Court of Claims