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At Part _________________ of the Supreme Court of the State of New York, held in and for the County of Kings,

at 360 Adams St., Brooklyn, New York 11201, on March ___________________, 2011. PRESENT: Honorable ______________________, Justice SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS


Upon the affirmation of _____________., attorney of record for the Plaintiff, ______________ in the above entitled action, sworn to the 1st day of March, 2011 and upon all the papers and proceedings heretofore had herein, Let __________________ show cause at a Term of this court to be held at the Courthouse thereof, located at 360 Adams St., Brooklyn, NY on the ______ day of ___________, 2011 at _____________ AM/PM in the ____________________ of that day, or as soon thereafter as counsel can be heard why an Order should not be made (1) pursuant to CPLR 321(b)(2), allowing NOVO LAW FIRM, P.C. to withdraw as attorney of record for ________________, the Plaintiff herein; (2) staying the action herein until the Plaintiff obtains new counsel, and (3) why NOVO LAW FIRM, P.C. should not have such other and further relief as may be just and proper. The above entitled action is for personal injuries sustained by the Plaintiff when he slipped and/or tripped and fell outside of Defendants premises. ORDERED that, sufficient cause having been shown, service of a copy of this Order, together with all of the papers upon which it is granted, be made by ________________________ upon BRUCE COPELAND with last known address as __________________________________ and upon ____________________________________, attorneys for the Defendant herein, with offices at __________________________________________, on or before _____ day of _________________, 2011, be deemed good and sufficient service hereof. ENTERED. _________________________________ , JSC SUPREME COURT OF THE STATE OF NEW YORK



_______________., an attorney duly admitted to practice before the Courts of the State of New York, affirms the truth under penalty of perjury:
1. I am an associate of NOVO LAW FIRM, P.C., attorneys for the Plaintiff __________, and as

such, I am familiar with the facts of this case and submit this affirmation in support of this application to be relieved as attorneys of record for the plaintiff. 2. I write this affirmation in support of the instant application which seeks (1) leave for the undersigned to withdraw as attorneys for the above-captioned Plaintiff; (2) that a stay on all proceedings of the action is imposed until new counsel is retained by the Plaintiff and (3) such other and further relief as may be just and proper.
3. This is an action to recover damages for injuries sustained by the plaintiff as a result of slip and

fall outside of Defendants premises.

4. Pursuant to N.Y. C.P.L.R. 321(b)(2), an attorney of record may withdraw by order of the Court

in which the action is pending upon motion or upon such notice to the client of the withdrawing attorney, to the attorneys of all 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.
5. During the course of representation, our firm has not been able to get into contact with Mr.

____________ for an extended period of time. Our contact information for him no longer works as he has apparently changed his contact information without informing us.
6. We have made several attempts by phone and by letter to contact our client, with no success.

Attached hereto and marked EXHIBIT 1 are letters sent by our firm to Mr. ____________ last known address requesting that he contact us immediately from May of 2010 to present. To date, Plaintiff has not repsonded to any letter. 7. In any event, the lack of communication has rendered it impossible to proceed with litigation in this case and mandates Plaintiff to retain new counsel.

8. A stay on all proceedings is requested to allow the Plaintiff to obtain new counsel.
9. Without his cooperation in this matter, we cannot adequately pursue his rights in this cause of

action. 10. No prior application has been made for the same or similar relief. 11. Our firm brings this action via Order to Show Cause to ensure that all parties receive proper notice of this action as directed by the Court. WHEREFORE, it is requested that this application be granted and that this law firm be permitted to withdraw as counsel for the plaintiff, and upon the granting of such application, that all further proceedings be stayed for 90 days after the granting of this motion to enable Plaintiff to obtain new counsel in the event that he wishes to pursue this action.
Dated: New York, New York March 9, 2011

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