In re Tierra C.

Appellate Division of the Supreme Court of New York

In re Tierra C.

227 A.D.2d 994, 643 N.Y.S.2d 822, 1996 N.Y. App. Div. LEXIS 7059

Appellate Division of the Supreme Court of the State of New York·Decided May 31, 1996·Published·Cited by 8 cases

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] ing 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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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] ing 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.

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).

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227 A.D.2d 994 (In re Tierra C.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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