SUBSTITUTION OF ATTORNEY – NEW YORK STATE COURT
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF [___]
Index No. [Number]
[Plaintiff Name],
Plaintiff,
-against-
[Defendant Name],
Defendant.
NOTICE OF SUBSTITUTION OF ATTORNEY
PLEASE TAKE NOTICE that, pursuant to CPLR 321(b)(1), [Party Name] hereby substitutes [New Attorney Name], Esq., NYS Attorney Registration No. [Number], of [New Firm Name], as attorney of record in place of [Withdrawing Attorney Name], Esq., Registration No. [Number], of [Former Firm Name].
WITHDRAWING COUNSEL INFORMATION
- Name: [Withdrawing Attorney Name]
- Firm: [Former Firm Name]
- Address: [Address]
- Phone: [Number]
- Email: [Email]
SUBSTITUTING COUNSEL INFORMATION
- Name: [New Attorney Name]
- Firm: [New Firm Name]
- Address: [Address]
- Phone: [Number]
- Email for Service (CPLR 2103(b)(2)): [Email]
CLIENT CONSENT
The undersigned client consents to this substitution and authorizes [New Attorney Name] to represent [Party Name] in the above-entitled action.
COURT APPROVAL STATUS
☐ Court order granting withdrawal entered on [Date] (attach).
☐ Order requested (see proposed order).
☐ Not required (stipulated substitution).
SIGNATURES
Withdrawing Attorney: _____ Date: ___
Substituting Attorney: _____ Date: ___
Client/Authorized Representative: ____ Date: ______
PROPOSED ORDER (IF REQUIRED)
IT IS ORDERED that [New Attorney Name] of [New Firm Name] is substituted as attorney of record for [Party Name], and [Withdrawing Attorney Name] is relieved. ENTER: ______.
[JUDGE NAME]
Justice of the Supreme Court
AFFIRMATION OF SERVICE
I affirm that on [Date], I served the foregoing Substitution of Attorney upon all parties via ☐ NYSCEF ☐ Email ☐ First-Class Mail ☐ Personal Delivery ☐ Other, in accordance with CPLR 2103.
| Recipient | Address / Email | Method |
|---|---|---|
| [Name] | [Contact] | [Method] |
[Name of Person Serving]
Date: _______
PRACTICE NOTES:
- File the executed substitution with the County Clerk and e-file via NYSCEF where mandated.
- Update the e-filing service list to include substituting counsel’s email addresses.
- Ensure compliance with 22 NYCRR 1200.0 Rule 1.16(d) regarding delivery of client property and refund of unearned fees.