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In re Tierra C.

227 A.D.2d 994, 643 N.Y.S.2d 822, 1996 N.Y. App. Div. LEXIS 7059
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMay 31, 1996
StatusPublished
Cited by8 cases

This text of 227 A.D.2d 994 (In re Tierra C.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Tierra C., 227 A.D.2d 994, 643 N.Y.S.2d 822, 1996 N.Y. App. Div. LEXIS 7059 (N.Y. Ct. App. 1996).

Opinion

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 show[995]*995ing of good and sufficient cause and upon reasonable notice (see, CPLR 321 [b] [2]; Matter of Dunn, 205 NY 398, 403). A purported withdrawal without proof that reasonable notice was given is ineffective (see, LeMin v Central Suffolk Hosp., 169 AD2d 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 AD2d 1029). Present — Pine, J. P., Lawton, Wesley, Doerr and Balio, JJ.

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Cite This Page — Counsel Stack

Bluebook (online)
227 A.D.2d 994, 643 N.Y.S.2d 822, 1996 N.Y. App. Div. LEXIS 7059, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-tierra-c-nyappdiv-1996.