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CHENEY v. WELLS

23 Misc.3d 161 (2008)

___ N.Y.S.2d ___

JAMES CHENEY, as Executor of CONSTANCE JOYCE CHENEY, Deceased, Plaintiff, v. DIANE WELLS, Defendant. TRANSAMERICA OCCIDENTAL LIFE INSURANCE COMPANY, Plaintiff, v. DIANE WELLS et al., Defendants.

Surrogate's Court, New York County.

Decided November 5, 2008.

Attorney(s) appearing for the Case

Kornstein Veisz Wexler & Pollard, LLP, New York City (Ina R. Bort and Daniel Kornstein of counsel), for James Cheney, plaintiff.

Stephanie E. Kupferman, New York City, nonparty movant pro se.

Diane Wells, defendant pro se.

OPINION OF THE COURT

KRISTIN BOOTH GLEN, S.

This motion to withdraw as counsel raises serious and important issues about the obligations of the court and of counsel when it appears that a client who is a defendant in a civil action lacks capacity to assist or participate in the defense of that action.

Movant represents Diane Wells, defendant in an action initially brought in Supreme Court, New York County, by her now-deceased mother, Joyce Cheney...

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