Legal Opinion
In re Tierra C.
Appellate Division of the Supreme Court of the State of New York
Decided May 31, 1996PublishedCited by 8 opinions
1Opinion of the Court
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*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;…
2Cases cited4 opinions
- Dunn v. Hudson River Electric Co.New York Court of Appeals · 1912
- Bucaro v. Keegan, Keegan, Hecker & Tully, P. C.New York Supreme Court · 1984
- In re Kwasi S.Appellate Division of the Supreme Court of the State of New York · 1995
- LeMin v. Central Suffolk HospitalAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by8 opinions
- In re Kindra B.Appellate Division of the Supreme Court of the State of New York · 2002
- Aiello v. AdarNew York Supreme Court · 2002
- In re La'Derrick W.Appellate Division of the Supreme Court of the State of New York · 2009
- Protostorm, LLC v. Antonelli, Terry, Stout & Kraus, LLPDistrict Court, E.D. New York · 2011
- In re Michael W.Appellate Division of the Supreme Court of the State of New York · 1997
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