Matter of Williams v. Lewis

Full title: MATTER OF ORANGE WILLIAMS et al., Respondents, v. MALEATRA LEWIS, Appellant

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

Date published: Feb 10, 1999

258 A.D.2d 974 (N.Y. App. Div. 1999)

685 N.Y.S.2d 382

Opinion

February 10, 1999

Present — Pine, J. P., Wisner, Pigott, Jr., Callahan and Balio, JJ.

Motion for poor person relief and assignment of counsel granted. Memorandum: Family Court abused its discretion in entering an order upon default after purporting to relieve counsel without notice to appellant. An attorney may withdraw as counsel of record only upon a showing of good and sufficient cause and upon reasonable notice to the client ( see, Matter of Dunn, 205 N.Y. 398, 403; see also, CPLR 321 [b] [2]). 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 court improperly entered a default order and an appeal therefrom is not precluded ( see, Matter of Kwasi S., 221 A.D.2d 1029).