WILLIAMS v. LEWIS (1999)

 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, 98 N.E. 914;  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, 565 N.Y.S.2d 190;  Bucaro v. Keegan, Keegan, Hecker & Tully, 126 Misc.2d 590, 483 N.Y.S.2d 564).   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, 634 N.Y.S.2d 579).

Motion for poor person relief and assignment of counsel granted.

MEMORANDUM: