Dumbadze v New York City Health & Hosp. Corp. (2006 NY Slip Op 08729)

Dumbadze v New York City Health & Hosp. Corp.

2006 NY Slip Op 08729 [34 AD3d 627]

November 21, 2006

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, January 17, 2007

Eugenia Dumbadze, Appellant,
v
New York City Health and Hospital Corporation, Defendant. Parker & Waichman, LLP, Nonparty Respondent.

—[*1]In an action, inter alia, to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Queens County (LeVine, J.), dated March 15, 2005, which granted the motion of Parker & Waichman, LLP, for leave to withdraw as her counsel.

Ordered that the order is affirmed, with costs.

Based on the record, the court providently exercised its discretion in granting the motion of Parker & Waichman, LLP, for leave to withdraw as the plaintiff's counsel (see Code of Professional Responsibility DR 2-110 [c] [1] [iv]; [6] [22 NYCRR 1200.15 (c) (1) (iv); (6)]; Green v Gasparini, 24 AD3d 505, 506 [2005]; McCormack v Kamalian, 10 AD3d 679 [2004]; Winters v Rise Steel Erection Corp., 231 AD2d 626 [1996]; Sansiviero v Sanders, 117 AD2d 794, 795 [1986]). Miller, J.P., Santucci, Goldstein, Skelos and Lunn, JJ., concur.