Ordered that the order is reversed, on the law and as a matter of discretion, with costs, the motion is granted, the order dated August 1, 2003, is vacated, the claim is reinstated, and the matter is remitted to the Court of Claims for further proceedings in accordance herewith.
CPLR 321 (c) "does not come into play unless the attorney's disability effectually prevents him or her from practicing law" (Winney v County of Saratoga,
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