STATE OF NEW YORK
SUPREME COURT: COUNTY OF CHAUTAUQUA
JUDITH M. DONLIN
vs Index #H-10241
WILLIAM J. DONLIN
KERNS, YOUNG, & ZANGHI
(F. Gibbs Kerns, Esq.
of Counsel) for Plaintiff
DAUMEN & KURTZHALTS
(Joel R. Kurtzhalts, Esq.
of Counsel) for Defendant
DECISION AND ORDER
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
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