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Matter of Tierra

Appellate Division of the Supreme Court of New York, Fourth Department
May 31, 1996
227 A.D.2d 994 (N.Y. App. Div. 1996)

Opinion

May 31, 1996

Present — Pine, J.P., Lawton, Wesley, Doerr and Balio, JJ.


Motion for permission to proceed as a poor person and for assignment of counsel on appeal granted. Memorandum: Family Court abused its discretion in entering an order upon default after soliciting and authorizing a motion for withdrawal of counsel without any notice to appellant. An attorney may only withdraw as counsel of record upon a showing of good and sufficient cause and upon reasonable notice ( see, CPLR 321 [b] [2]; Matter of Dunn, 205 N.Y. 398, 403). A purported withdrawal without proof that reasonable notice was given is ineffective ( see, LeMin v. Central Suffolk Hosp., 169 A.D.2d 821; Bucaro v. Keegan, Keegan, Hecker Tully, 126 Misc.2d 590). Because the purported withdrawal of counsel in this case was ineffective, the order entered by Family Court was improperly entered as a default order and appeal therefrom is not precluded ( see, Matter of Kwasi S., 221 A.D.2d 1029).


Summaries of

Matter of Tierra

Appellate Division of the Supreme Court of New York, Fourth Department
May 31, 1996
227 A.D.2d 994 (N.Y. App. Div. 1996)
Case details for

Matter of Tierra

Case Details

Full title:In the Matter of TIERRA C. and Others. KENNETH W., Appellant; ERIE COUNTY…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: May 31, 1996

Citations

227 A.D.2d 994 (N.Y. App. Div. 1996)
643 N.Y.S.2d 822

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