Opinion
2011-12-20
Jeanne J. PERKINS, Plaintiff–Respondent, v. Bruce ELBILIA, Defendant–Appellant.
Gordon A. Burrows, White Plains, for appellant. Chemtob Moss Forman & Talbert, LLP, New York (Nancy Chemtob of counsel), for respondent.
Gordon A. Burrows, White Plains, for appellant. Chemtob Moss Forman & Talbert, LLP, New York (Nancy Chemtob of counsel), for respondent.
GONZALEZ, P.J., MAZZARELLI, ANDRIAS, SWEENY, ROMÁN, JJ.
Order, Supreme Court, New York County (Laura Drager, J.), entered on or about May 25, 2011, which denied defendant's motion to admit, pro hac vice, Danielle E. deBenedictis, an attorney admitted to practice in the Commonwealth of Massachusetts, to represent him in this matrimonial action, unanimously reversed, on the law and the facts, without costs, and the motion granted.
The motion court abused its discretion by denying defendant's motion for the pro hac vice admission of an out-of-state attorney to represent him. This State's policy favors “representation by counsel of one own's choosing” ( Neal v. Ecolab, Inc., 252 A.D.2d 716, 716, 675 N.Y.S.2d 433 [1998] [internal quotation marks and citation omitted] ). The motion was made within days after the commencement of the action; pro hac vice admission would not adversely affect judicial efficiency or the court's control of its courtroom and calendar ( see Giannotti v. Mercedes Benz U.S.A., LLC, 20 A.D.3d 389, 798 N.Y.S.2d 141 [2005] ). Defendant's submissions satisfied the statutory requirements for pro hac vice admission. The out-of state attorney submitted proof that she is a member in good standing of the bar of the Commonwealth of Massachusetts, that she will be associated with a New York attorney, who will be the attorney of record, and that she is familiar with and will comply with the standards of professional conduct imposed on members of the New York bar ( see 22 NYCRR 520.11[a], [c] and [e] ). In addition, the out-of-state attorney has been negotiating and trying domestic disputes since 1978 and possesses expertise in tax and accounting matters as well as in valuation issues concerning closely held and family businesses, issues which will be raised in this action.