____________________________________

JUDITH M. DONLIN

Plaintiff,

vs Index #H-10241

WILLIAM J. DONLIN

Defendant.

___________________________________

KERNS, YOUNG, & ZANGHI

(F. Gibbs Kerns, Esq.

of Counsel) for Plaintiff

DiFILIPPO, BENNETT,

DAUMEN & KURTZHALTS

(Joel R. Kurtzhalts, Esq.

of Counsel) for Defendant

DECISION AND ORDER

GERACE, J.

The Court denies the motion of Defendant's counsel for

leave to withdraw on the grounds that his client has not

communicated with him. There is no affidavit of service of

the motion on defendant; no description of the health

reasons defendant is at the Westfield Health Care Center;

no way for the Court to determine whether those health

problems affect defendant's ability to communicate.

Counsel does not attach copies of any letters nor provide

the Court with dates he attempted communication with his

client, nor is there any indication efforts were made

through defendant's family once counsel obtained

defendant's new address.

Counsel also asks the Court to set attorney fees of

$1400, but, he has not provide the Court with a statement

of services nor a copy of any retainer agreement.

The parties and their counsel are ordered to appear

for a preliminary conference on December 4, 1995 at 2 p.m.,

except that the defendant will be excused if his health

prevents him from attending the conference. Any party

failing to appear will be deemed in default.

THIS IS THE DECISION AND ORDER OF THIS COURT. NO

FURTHER ORDER SHALL BE NECESSARY.

Dated: November , 1995

Mayville, New York

____________________________

JOSEPH GERACE

Supreme Court Justice

To all Counsel:

Please take notice that a DECISION and ORDER of

which the within is a copy, is duly granted in the above

entitled action on the day of , 1995, and

duly entered in the office of the Clerk of the County of

Chautauqua on the same date.

cc: William J. Donlin