Surrogate John Czygier Jr.
Law firm Brosnan & Hegler (B&H) sought leave to withdraw as counsel to objectants Patrice, Christopher, Matthew, and Daniel Galfano, and Patrice Galfano Newman claiming it believed a conflict of interest arose between Patrice and the other objectants. It claimed Patrice failed to cooperate with the firm in connection with its representation of her and the Galfano children in the probate action, and further noted it was owed over $67,000. As the motion was unopposed, the court granted B&H's motion for withdrawal. B&H also sought a retaining lien for all documents and money belonging to objectants, and a charging lien for the amount of unpaid legal fees. The court noted a retaining lien was confined to the property in the attorney's possession, stating a retaining lien was possessory only, and may not be enforced by order of the court, thus, was denied. However, the court found while the proof submitted appeared to show B&H was entitled to a charging lien under Judiciary Law §475, the record was insufficient to determine the amount of the lien and the reasonableness of the stated fee as no retainer agreement, time records or affirmation of services were provided.
