OPINION & ORDER This matter comes before the Court on Plaintiff Connie Avaras’ Motion to Dismiss Complaint-in-Intervention of Gina DeCrescenzo, P.C. (ECF No. 127.) Plaintiff Connie Avaras (“Plaintiff”), individually and as parent of A.A., brings this action pro se against the Clarkstown Central School District, the Board of Education for the Clarkstown Central School District, and the New York State Department of Education (collectively, the “Defendants”) pursuant to the Individuals with Disabilities Education Improvement Act (“IDEA”), 20 U.S.C. §1400 et seq., Title II of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §12181 et seq., Section 504 of the Rehabilitation Act of 1973 (“RA”), 29 U.S.C. §794, and 42 U.S.C. §1983 (“Section 1983″). On August 24, 2020, Intervenor-Plaintiff Gina DeCrescenzo, P.C. (“Intervenor”) filed a Complaint-in-Intervention seeking to assert a charging lien pursuant to N.Y. Judicial Law §475 upon Plaintiff’s cause of action. (Complaint in Intervention (“Compl.”), ECF No. 123.) For the following reasons, Plaintiff’s motion to dismiss is DENIED. BACKGROUND The following facts are taken from Intervenor’s Complaint-in-Intervention and are accepted as true and construed in the light most favorable to the non-movant Intervenor for the purposes of this motion. In or about March 2013, Plaintiff retained Intervenor for the purposes of commencing an impartial due process hearing (“Impartial Hearing”) pursuant to IDEA to seek relief for tuition and related expenses for her child A.A.’s education for pre-2012-2013 school years, and the 2012-2013, 2013-2014, and 2014-2015 school years. (Compl. 8.) Plaintiff challenged the Defendants’ conduct with respect to A.A.’s education, alleging the school district failed to provide a free and appropriate public education as required by IDEA which resulted in Plaintiff unilaterally placing A.A. at Hawk Meadow Montessori School (“Hawk Meadow”). Plaintiff and Intervenor had a written retainer agreement which provided that the work of the principal attorney Gina DeCrescenzo would be compensated by Plaintiff at the rate of $350 per hour, that other staff members of Intervenor would be compensated within a range of hourly rates stated in the agreement, and that bills would be provided at the end of each calendar month with payments due within fifteen days of their issuance. (Id.
9-12.) The retainer agreement provided that balances over thirty days past-due would be charged interest at one percent per month. (Id. 13.) Intervenor’s representation of Plaintiff included preparing and filing a “Due Process Complaint,” and preparing and conducting the Impartial Hearing, which included appearances at eighteen hearing dates before a hearing officer (“Impartial Hearing Officer”). (Id.
