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THOMAS WESTER, appellant, v. MICHAEL SUSSMAN, ET AL., defendants, JEFFREY SHUMEJDA, respondent.

ORDERED that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly determined that upon the execution of a consent to change attorney form in 1992, the representation of the plaintiff by the defendant Jeffrey Shumejda ceased (see, Elliott v. Jacobs, 221 A.D.2d 889). Contrary to the plaintiff's contentions, there is no evidence of any ongoing, continuous, developing, and dependent relationship between the plaintiff and Shumejda (see, Piliero v. Adler Stavros, 282 A.D.2d 511; Ainbinder v. Jacobi, 268 A.D.2d 494; Goicoechea v. Law Offs. of Stephen R. Kihl, 234 A.D.2d 507).

The plaintiff's remaining contentions are either unpreserved for appellate review or without merit.

ALTMAN, J.P., McGINITY, H. MILLER and FEUERSTEIN, JJ., concur.

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WESTER v. SUSSMAN
(Oct 22, 2001)