The following e-filed documents, listed by NYSCEF document number (Motion 001) 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 were read on this motion to/for APPOINT — FIDUCIARY. DECISION + ORDER ON MOTION Attorney Carolyn Pawlik petitions pur suant to 22 NYCRR 1240.21 and Rule 1.15 of the Rules of Professional Conduct (22 NYCRR 1200.0, rule 1.15) to be appointed as the attorney for Ilasz & Associates, P.C., doing business as Ilasz & Associates (the Ilasz firm), in order to protect the interest of clients of the Ilasz firm who have pending actions in New York. No person or entity opposes the petition. The petition is granted. On September 28, 2023, Livius M. Ilasz, who was the sole principal and owner of the Ilasz firm, and the only attorney directly employed by Ilasz firm, died intestate and without a succession plan. According to Pawlik, there are presently at least 70 cases pending in New York and New Jersey in which the Ilasz firm is serving as counsel of record that need to be safeguarded, and there is no other competent attorney willing and able to be appointed as the attorney of the Ilasz firm. Pawlik asserted that, in or around 2017, she began working for the Ilasz firm as a legal clerk, but that, after being admitted to the New Jersey bar in 2018, she began working for the Ilasz firm in an “of counsel” capacity. The petitioner was admitted to the New York bar in 2020. According to the petitioner, she has been of counsel to the Ilasz firm for the past seven years, and is well versed in the inner workings of the firm, its business model, and its clients. As she described it, the bulk of the Ilasz firm’s clientele speaks Polish, and the petitioner herself speaks and writes fluently in Polish. Yinan Ilasz, who is the deceased attorney’s widow, joins in Pawlik’s application, and explained the circumstances of her husband’s death. 22 NYCRR 1240.21 provides that, “[w]hen an attorney is…incapacitated from practicing law pursuant to these Rules, or when the Court determines that an attorney is otherwise unable to protect the interests of his or her clients and has thereby placed clients’ interests at substantial risk, the court may enter an order, upon such notice as it shall direct, appointing one or more attorneys to take possession of the attorney’s files, examine the files, advise the clients to secure another attorney or take any other action necessary to protect the clients’ interests. An application for such an order shall be by motion, with notice to the committee, and shall include an affidavit setting forth the relationship, if any, as between the moving party, the attorney to be appointed and the…incapacitated attorney.” Rule 1.15(g) of the Rules of Professional Conduct provide, in relevant part, that, “(1) Upon the death of a lawyer who was the sole signatory on an attorney trust, escrow or special account, an application may be made to the Supreme Court for an order designating a successor signatory for such trust, escrow or special account, who shall be a member of the bar in good standing and admitted to the practice of law in New York State. (2) An application to designate a successor signatory shall be made to the Supreme Court in the judicial district in which the deceased lawyer maintained an office for the practice of law. The application may be made by…a lawyer who was affiliated with the deceased lawyer in the practice of law…No lawyer may charge a legal fee for assisting with an application to designate a successor signatory pursuant to this Rule. (3) The Supreme Court may designate a successor signatory and may direct the safeguarding of funds from such trust, escrow or special account, and the disbursement of such funds to persons who are entitled thereto, and may order that funds in such account be deposited with the Lawyers’ Fund for Client Protection for safeguarding and disbursement to persons who are entitled thereto. Pawlik properly commenced this proceeding, and served all papers upon the relevant Grievance Committee, as directed by the court. She is a member in good standing of the New York Bar, and has submitted proof that she was affiliated with the deceased attorney in the practice of law. Accordingly, it is, ORDERED that the petition is granted, without opposition; and it is further, ORDERED that Carolyn Pawlk, an attorney with offices located at 300 East 54th Street, Suite 6H, New York, New York 10022, be, and hereby is, appointed as the attorney for Ilasz & Associates, P.C., doing business as Ilasz & Associates, within the scope of responsibilities set forth in 22 NYCRR 1240.21 and Rule 1.15(g) of the Rules of Professional Conduct; and it is further, ORDERED that Carolyn Pawlik be, and hereby is, appointed as the successor signatory the bank accounts of Ilasz & Associates, P.C., doing business as Ilasz & Associates, including, but not limited to, the business checking account of Ilasz & Associates, P.C., doing business as Ilasz & Associates, ending in 3312, that is maintained at CitiBusiness in New York, and the attorney trust IOLA account of Ilasz & Associates, P.C., doing business as Ilasz & Associates, ending in 0191, that is maintained at CitiBusiness in New York; and it is further, ORDERED that Carolyn Pawlik, as the attorney appointed for Ilasz & Associates, P.C., doing business as Ilasz & Associates, may disburse such funds from those accounts as is necessary in the regular course of business and to persons who are entitled thereto; and it is further, ORDERED that, on or before March 13, 2024, Carolyn Pawlik shall take possession of those files of Ilasz & Associates, P.C., doing business as Ilasz & Associates, as are referable to actions pending in the courts of the State of New York or any federal court located within the State of New York in which Ilasz & Associates, P.C., doing business as Ilasz & Associates, is presently designated as attorney of record, and shall contact the clients in those pending actions, by email or regular mail, and inform them that she has been designated as attorney for Ilasz & Associates, P.C., doing business as Ilasz & Associates; and it is further, ORDERED that, on or before April 12, 2024, Carolyn Pawlik shall report the court as to whether she and those clients have agreed to substitute her as attorney of record in place and instead of Ilasz & Associates, P.C., doing business as Ilasz & Associates, in any actions pending in the courts of the State of New York or any federal court located within the State of New York in which Ilasz & Associates, P.C., doing business as Ilasz & Associates, is presently designated as attorney of record, and shall report to the court as to all attempts that she has made to refer all other such pending actions to other attorneys; and it is further, ORDERED that, on or before January 31, 2024, Carolyn Pawlik shall serve a copy of this order with notice of entry by regular mail upon the Grievance Committee for the First Judicial Department. This constitutes the Decision and Order of the court. CHECK ONE: X CASE DISPOSED NON-FINAL DISPOSITION X GRANTED DENIED GRANTED IN PART OTHER APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE Dated: January 24, 2024
