IN RE: LA'DERRICK W. and Quentin W. (2009)

 Respondent mother appeals from a default order terminating her parental rights upon a finding that she had permanently neglected her children.   We agree with the mother that Family Court abused its discretion in granting the motion of the mother's attorney to withdraw as counsel for the mother without notice to her.  “An attorney of record may withdraw as counsel only upon notice to his or her client” (Matter of Hohenforst v. DeMagistris, 44 A.D.3d 1114, 1116, 844 N.Y.S.2d 450;  see CPLR 321[b][2];  Family Ct. Act § 165[b];  Matter of Davontae D., 62 A.D.3d 1251, 877 N.Y.S.2d 724;  Matter of Michael W., 239 A.D.2d 865, 660 N.Y.S.2d 102).  “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” (Matter of Tierra C., 227 A.D.2d 994, 995, 643 N.Y.S.2d 822;  see Matter of Kwasi S., 221 A.D.2d 1029, 634 N.Y.S.2d 579).   We therefore reverse the order and remit the matter to Family Court for reassignment of counsel and a new hearing on the petition (see Davontae D., 62 A.D.3d 1251, 877 N.Y.S.2d 724;  Michael W., 239 A.D.2d at 866, 660 N.Y.S.2d 102).   In light of our conclusion that a new hearing on the petition is necessary, we do not address the mother's remaining contentions.

It is hereby ORDERED that the order so appealed from is unanimously reversed on the law without costs and the matter is remitted to Family Court, Jefferson County, for further proceedings.

MEMORANDUM: