Motion-Secondary: St v. Brewster Central School District

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                                FILED:         PUTNAM        COUNTY         CLERK        10/20/2022             04:52       PM                      INDEX    NO.   500754/2021
   NYSCEF     DOC.   NO.   29                                                                                 RECEIVED      NYSCEF:     10/20/2022



                  SUPREME COURT OF THE STATE OF NEW YORK
                  COUNTY OF PUTNAM
                  ------------------------------------------------------------------X         Index No.:    500754/2021
                  T.S.,
                                                               Plaintiff,

                                    - against -                                               ATTORNEY AFFIRMATION

                  BREWSTER CENTRAL SCHOOL DISTRICT,

                                                               Defendant.
                  --------------------------------------------------------------------X

                           Diana M. Romanello, an attorney admitted to practice before the Courts of this State

                  affirms the truth of the following under the penalty of perjury and pursuant to CPLR Rule 2106

                  that the following facts are true:

                           1.       I am   associated   with   the  law  firm  of  Slater  Slater  Schulman     LLP,   attorneys   for

                  Plaintiff, T.S. (“Plaintiff”), herein.    I am fully familiar of the facts and circumstances of this action.

                  I submit this affirmation in support of Slater Slater Schulman LLP’s application to withdraw as

                  attorneys of record for Plaintiff.

                           2.       This is an action to recover damages sustained by Plaintiff arising from conduct by

                  an alleged employee and/or agent of Defendant and pursuant to the New York Child Victim’s Act.

                           3.       Plaintiff retained Slater Slater Schulman LLP to investigate and pursue claims on

                  his behalf in December 2020.

                           4.       On May 25, 2021, Slater Slater Schulman LLP commenced an action on Plaintiff’s

                  behalf against Defendant in Putnam County Supreme Court.

                           5.       Plaintiff has failed to consistently respond or otherwise cooperate in the prosecution

                  of the within matter, thereby making representation unreasonably difficulty to advance the within

                  matter.




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   FILED:         PUTNAM        COUNTY         CLERK        10/20/2022             04:52       PM                      INDEX    NO.   500754/2021
   NYSCEF     DOC.   NO.   29                                                                                 RECEIVED      NYSCEF:     10/20/2022



                           14.      Slater Slater Schulman LLP seeks to withdraw as attorneys of record for Plaintiff

                  due to Plaintiff’s failure to routinely and consistently communicate, cooperate or participate in the

                  prosecution of the within action.       Accordingly, your affirmant and Slater Slater Schulman LLP are

                  unable to advance this matter in a diligent manner.

                           15.      Based   upon    the refusal   of Plaintiff  to  cooperate    with  our  office,  your   affirmant

                  respectfully submits that an Order         be granted relieving this firm as attorneys of record, without

                  having any further responsibilities in this action, and that the Court declare Slater Slater Schulman

                  LLP shall have a charging lien for attorney’s fees asserted against any future recovery in this action

                  should Plaintiff further pursue this matter and receive a future recovery.

                           11.      Pursuant to Rules. N.Y. Comp. Codes R. & Regs. Tit. 22, §1200, Rule 1.16(c)(7),

                  an  attorney   may   withdraw    from   representing    a  client when    “the  client  fails to cooperate    in the

                  representation    or  renders   the  representation    unreasonably     difficult  for  the  lawyer   to  carry  out

                  employment       effectively.”   See   Rules.   N.Y.   Comp.     Codes    R.  &   Regs.   Tit.  22,   §1200,   Rule

                  1.16(c)(7).

                           12.      Your affirmant respectfully requests this          application be granted and Slater        Slater

                  Schulman LLP be permitted to withdraw as attorneys of record for Plaintiff.

                           13.      No prior application has been made for the same or similar relief.

                  Dated:   Melville, New York
                           October 6, 2022

                                                                                 Respectfully submitted,

                                                                                 /s/ Diana M. Romanello
                                                                                 Diana M. Romanello
                                                                                 SLATER SLATER SCHULMAN LLP
                                                                                 445 Broad Hollow Road, Suite 419
                                                                                 Melville, New York 11747
                                                                                 Counsel for Plaintiff




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