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] ; 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).