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This entry was published on 2014-09-22
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SECTION 321
Attorneys
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 3
§ 321. Attorneys. (a) Appearance in person or by attorney. A party,
other than one specified in section 1201 of this chapter, may prosecute
or defend a civil action in person or by attorney, except that a
corporation or voluntary association shall appear by attorney, except as
otherwise provided in sections 1809 and 1809-A of the New York city
civil court act, sections 1809 and 1809-A of the uniform district court
act and sections 1809 and 1809-A of the uniform city court act, and
except as otherwise provided in section 501 and section 1809 of the
uniform justice court act. If a party appears by attorney such party may
not act in person in the action except by consent of the court.

(b) Change or withdrawal of attorney. 1. Unless the party is a person
specified in section 1201, an attorney of record may be changed by
filing with the clerk a consent to the change signed by the retiring
attorney and signed and acknowledged by the party. Notice of such change
of attorney shall be given to the attorneys for all parties in the
action or, if a party appears without an attorney, to the party.

2. An attorney of record may withdraw or be changed by order of the
court in which the action is pending, upon motion on such notice to the
client of the withdrawing attorney, to the attorneys of all other
parties in the action or, if a party appears without an attorney, to the
party, and to any other person, as the court may direct.

(c) Death, removal or disability of attorney. If an attorney dies,
becomes physically or mentally incapacitated, or is removed, suspended
or otherwise becomes disabled at any time before judgment, no further
proceeding shall be taken in the action against the party for whom he
appeared, without leave of the court, until thirty days after notice to
appoint another attorney has been served upon that party either
personally or in such manner as the court directs.