New York Motion to Withdraw as Counsel

MOTION TO BE RELIEVED AS COUNSEL

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF [________________]

Index No.: [________________]

IAS Part: [________]

Justice: [________________________________________]

PRE-FILING CHECK

☐ Confirm whether the assigned judge requires an order to show cause, notice of motion, conference, or specific proposed order

☐ Confirm the return date, filing method, courtesy-copy rule, and any sealing or redaction procedure

☐ Identify every attorney of record and every unrepresented party

☐ Confirm the client's current address and the permitted notice method

☐ Review confidentiality before describing the grounds for withdrawal

☐ Calendar every pending appearance, filing deadline, discovery obligation, and trial date

☐ Prepare the client file, property, and transition steps required by Rule 1.16(e)

☐ Determine whether the client is an entity that cannot appear without counsel

NOTICE OF MOTION

PLEASE TAKE NOTICE that, upon the accompanying affirmation of [________________________________________], dated [__/__/____], and the papers and proceedings in this action, the undersigned will move this Court at [________________________________________], on [__/__/____] at [____:____] ☐ AM ☐ PM, or as the Court directs, for an order under CPLR § 321(b)(2):

1. Relieving [________________________________________], Esq., as attorney of record for ☐ Plaintiff ☐ Defendant [________________________________________];

2. Fixing the date and conditions on which the withdrawal becomes effective;

3. Directing the method for service of the entered order on the client, all attorneys, all unrepresented parties, and any other person designated by the Court;

4. Addressing pending deadlines or appearances as the Court finds appropriate; and

5. Granting such other relief as the Court deems just and proper.

Dated: [________________], New York
[__/__/____]

Signature: ________________________________________

Printed name: [________________________________________]

NY registration no.: [________________]

Firm: [________________________________________]

Address: [________________________________________]

Phone: [________________]

Email: [________________]

AFFIRMATION IN SUPPORT

I, [________________________________________], affirm under CPLR Rule 2106:

1. I am admitted to practice in New York and am counsel of record for [________________________________________] in this action.

2. I seek an order permitting withdrawal under CPLR § 321(b)(2). I will remain counsel of record unless and until the Court permits withdrawal and the conditions of the Court's order are satisfied.

Client contact information

3. The client's last known address is:

[________________________________________]

4. The client's last known telephone number and email are:

[________________________________________]

Grounds

5. Withdrawal is requested on the following ground or grounds:

☐ The client deliberately disregards an agreement or obligation concerning expenses or fees, Rule 1.16(c)(5)

☐ The client fails to cooperate or otherwise renders the engagement unreasonably difficult for the lawyer to carry out effectively, Rule 1.16(c)(7)

☐ The tribunal is expected to find other good cause, Rule 1.16(c)(12)

☐ The client provides informed consent to the lawyer's termination of the engagement, Rule 1.16(c)(10)

☐ Other verified mandatory or permissive ground: [________________________________________]

6. Without disclosing confidential information beyond what is reasonably necessary for this motion, the supporting facts are:

[________________________________________]
[________________________________________]
[________________________________________]

Notice

7. CPLR § 321(b)(2) requires notice of the motion to the client, the attorneys for all other parties, each unrepresented party, and any other person the Court directs.

8. The client was served or notified as follows:

Date: [__/__/____]

Method: ☐ Personal delivery ☐ Mail ☐ Electronic method authorized for this filing ☐ Other: [________________]

Address used: [________________________________________]

9. The following attorneys and unrepresented parties received notice:

Pending matters and transition

10. Pending dates and obligations are:

11. To avoid foreseeable prejudice under Rule 1.16(e), I have taken or will take the following steps, subject to the Court's order:

☐ Give reasonable notice to the client

☐ Allow time for employment of other counsel

☐ Deliver papers and property to which the client is entitled

☐ Provide a current deadline and appearance list

☐ Preserve confidentiality and protect the client's interests during transition

☐ Other: [________________________________________]

12. The client is ☐ an individual ☐ an entity. If the client is an entity, the proposed order should address the need to obtain substitute counsel.

Requested case-management relief

13. The following tailored case-management relief is requested while the client seeks substitute counsel:

[________________________________________]
[________________________________________]

No automatic thirty-day stay is asserted under CPLR § 321(c). That subdivision addresses an attorney's death, removal, suspension, incapacity, or other disability before judgment, not voluntary withdrawal under CPLR § 321(b)(2).

I affirm this ___ day of ______, ____, under the penalties of perjury under the laws of New York, which may include a fine or imprisonment, that the foregoing is true, except as to matters alleged on information and belief and as to those matters I believe it to be true, and I understand that this document may be filed in an action or proceeding in a court of law.

Signature: ________________________________________

Printed name: [________________________________________]

[PROPOSED] ORDER

At an IAS Part [________] of the Supreme Court of the State of New York, held in and for the County of [________________], on [__/__/____].

Present: Hon. [________________________________________], J.S.C.

Upon the motion of [________________________________________], Esq., and after notice under CPLR § 321(b)(2), it is:

☐ ORDERED that the motion is denied; or

☐ ORDERED that [________________________________________], Esq., is relieved as attorney of record for [________________________________________], effective:

☐ upon entry of this order

☐ upon service of this order as directed below

☐ on [__/__/____]

☐ upon another condition: [________________________________________]

It is further ORDERED that the entered order shall be served on:

☐ The client at [________________________________________]

☐ All attorneys of record

☐ All unrepresented parties

☐ Other person directed by the Court: [________________________________________]

Service method and deadline: [________________________________________]

It is further ORDERED that pending deadlines and appearances are addressed as follows:

[________________________________________]
[________________________________________]

It is further ORDERED that the client shall notify the Court and parties of substitute counsel or any permitted self-representation as follows:

[________________________________________]

ENTER:

________________________________________
J.S.C.

AFFIRMATION OF SERVICE

I, [________________________________________], affirm under CPLR Rule 2106 that on [__/__/____], I served the Notice of Motion, Affirmation in Support, and Proposed Order on the following recipients:

I affirm this ___ day of ______, ____, under the penalties of perjury under the laws of New York, which may include a fine or imprisonment, that the foregoing is true, and I understand that this document may be filed in an action or proceeding in a court of law.

Signature: ________________________________________

Printed name: [________________________________________]

Sources and References

• CPLR § 321: https://legislation.nysenate.gov/pdf/laws/CVP321
• CPLR Rule 2106: https://legislation.nysenate.gov/pdf/laws/CVP2106
• Rule 1.16 joint order effective July 1, 2026: https://www.nycourts.gov/LegacyPDFS/RULES/jointappellate/Signed%20Letter%20to%20DOS-Joint%20Order%206.1.26.pdf
• Joint Appellate Rules amendment index: https://www.nycourts.gov/rules/amendments-joint-rules-departments-appellate-division

This template requires New York counsel to confirm the assigned judge's current practice before filing.