MATTER OF WILLIAMS v. LEWIS

Motion for poor person relief and assignment of counsel granted. Memorandum: 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; 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; Bucaro v. Keegan, Keegan, Hecker Tully, 126 Misc.2d 590). 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).