MATTER OF ROBINSON

Order, insofar as appealed from, unanimously reversed, without costs, and lien vacated. Memorandum: Petitioner appeals from so much of the order of Special Term as granted his former attorney a quantum meruit charging lien under section 475 Jud. of the Judiciary Law on the proceeds of a section 1983 civil rights action (US Code, tit 42). Inasmuch as petitioner's former attorney had not yet commenced the civil rights action, he was not entitled to a charging lien (see 7 N.Y. Jur 2d, Attorneys at Law, § 182, p. 108; Lebovic v Ballantine Sons, 12 A.D.2d 494).