Avaras v. Clarkstown Central School District et al

Filing 121

ORDER granting 114 Motion to Intervene. Proposed intervenor Gina M. DeCrescenzo, P.C.s ("DeCrescenzo P.C.") motion, pursuant to Fed. R. Civ. P. § 24, to intervene in this action is granted (largely) without opposition. The motion to intervene is granted, however, the Court makes no determination on the merits of movant's claim. The Clerk of the Court is respectfully requested to terminate the motion at ECF No. 114. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 2/4/21) (yv)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
CONNIE AVARAS, individually and on behalf of her
minor child, A.A.,
Plaintiffs,

2/4/2021
7:15-cv-02042 (NSR)
ORDER

-againstCLARKSTOWN CENTRAL SCHOOL DISTRICT; and
the BOARD OF EDUCATION OF THE
CLARKSTOWN CENTRAL SCHOOL DISTRICT,
Defendants.
NELSON S. ROMÁN, United States District Judge:

Proposed intervenor Gina M. DeCrescenzo, P.C.’s (“DeCrescenzo P.C.”) motion, pursuant to
Fed. R. Civ. P. § 24, to intervene in this action is granted (largely) without opposition. 1
Fed. R. Civ. P. § 24 provides in relevant part that on a timely motion, the court must permit
anyone to intervene who is given an unconditional right to intervene by a federal statute; or claims an
interest relating to the property or transaction that is the subject of the action, and is so situated that
disposing of the action may as a practical matter impair or impede the movant's ability to protect its
interest. DeCrescenzo P.C., asserts that it is a law firm with a lien for attorneys’ fees arising from work
performed at the administrative level to prosecute the cause of action subsequently asserted by Plaintiff,
Connie Avaras, in the instant action. DeCrescenzo P.C. claims an equitable interest in Plaintiff’s cause
of action pursuant to N.Y. Judiciary Law § 475. Moreover, DeCrescenzo alleges that there are common
issues of law and fact, and disposing of the action without DeCrescenzo’s participation may impair or
impede its ability to protect its interest. Accordingly, the motion to intervene is granted, however, the
Court makes no determination on the merits of movant’s claim.
The Clerk of the Court is respectfully requested to terminate the motion at ECF No. 114.

February 4, 2021
White Plains, New York

SO ORDERED:

____________________________
JUDGE NELSON S. ROMÁN
U.S. DISTRICT COURT, S.D.N.Y.

1

Plaintiff noted that the Court had appropriately not granted DeCrescenzo’s pending
motion to intervene as of January 29, 2021, but did not otherwise assert any opposition to the
motion. (See ECF No. 119.)