STATE OF NEW YORK

SUPREME COURT: COUNTY OF CHAUTAUQUA

____________________________________


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