Patenaude v. Empire Contracting & Sales Co.

Appeal from an order of the Supreme Court (Ryan, J.), entered September 25, 2006 in Clinton County, which denied the motion of counsel for defendant Empire Contracting and Sales Company, Inc. to withdraw as attorney of record.

We affirm. As Supreme Court noted in its well-reasoned opinion, the record contains no proof that the client of the withdrawing attorney was provided notice of the subject motion *1007(see CPLR 321 [b] [2]; Code of Professional Responsibility DR 2-110 [a] [2] [22 NYCRR 1200.15 (a) (2)]; Birky v Katsilogiannis, 37 AD3d 631, 632 [2007]; Matter of Kindra B., 296 AD2d 456, 458…