The following papers were read on this motion: Notion of Motion and Supporting Documents 1 DECISION AND ORDER ON MOTION The Respondent’s out of state counsel, A.M., Esq. having moved by notice of motion for an order granting permission for her to be admitted pro hac vice and to proceed as co-counsel for the Respondent mother in this matter, and no written opposition having been filed but oral argument having been heard on November 4, 2024, the motion is determined as follows. Pursuant to 22 NYCRR 520.11 (a) (1), whether an out-of-State attorney should be admitted pro hac vice to participate in a particular matter is a determination within the discretion of the trial court. While the State’s public policy interest favoring representation by counsel of one’s own choosing, that policy is to be balanced against the interest in promoting judicial efficiency (Neal v. Ecolab, Inc., 252 A.D.2d 716 [3d Dept 1998]; Campbell v. Rogers & Wells, 218 AD2d 576, 579 [1st Dept 1995]; Baker v. Wight, 158 AD2d 293 [1st Dept 1990]). In the instant matter, the movant first appeared on this case on September 30, 2024 and indicated she would be seeking pro hac vice admission, and representing that documents had been filed and proceedings were pending in the State of Georgia that bear on the determination of appropriate jurisdiction for this custody proceeding under the UCCJEA. The instant motion was not filed with the Court until late on the business day immediately preceding a court appearance on November 4, 2024 rendering the motion procedurally defective and untimely. Additionally, the movant did not provide this court with copies of said Georgia documents or any information pertaining to the Georgia proceedings until a full month later on October 31, 2024 which precluded the court from undertaking required efforts to arrange for a UCCJEA hearing and resulting in undue delay of the instant proceedings. The documents provided reflect that the same were filed with the Georgia court on September 30, 2024 after the appearance before this court such that same were not pending despite counsel’s representation. Further, to date neither local counsel for Respondent nor the movant have appeared in person to conference this matter. Accordingly, it is hereby: ORDERED that the motion is hereby DENIED in its entirety. PURSUANT TO SECTION 1113 OF THE FAMILY COURT ACT, AN APPEAL FROM THIS ORDER MUST BE TAKEN WITHIN 30 DAYS OF RECEIPT OF THE ORDER BY APPELLANT IN COURT, 35 DAYS FROM THE DATE OF MAILING OF THE ORDER TO APPELLANT BY THE CLERK OF COURT, OR 30 DAYS AFTER SERVICE BY A PARTY OR THE ATTORNEY FOR THE CHILD UPON THE APPELLANT, WHICHEVER IS EARLIEST. Check applicable box: Order mailed on [specify date(s) and to whom mailed]: Order received in court on [specify date(s) and to whom given]: Dated: November 4, 2024
