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SHURKA v. SHURKA

8393, 304584/08.

100 A.D.3d 566 (2012)

EFRAIM SHURKA, Plaintiff, v. JANE SHURKA, Respondent. ESTHER ZERNITSKY, Proposed Third-Party Plaintiff-Appellant.

Appellate Division of the Supreme Court of New York, First Department.

November 29, 2012.

Appellant was not entitled to an automatic stay of the proceedings pursuant to CPLR 321 (c), because counsel withdrew pursuant to a voluntary discharge (Sarlo-Pinzur v Pinzur, 59 A.D.3d 607, 608 [2d Dept 2009]). Nor do we see any basis in the record for remanding this matter to another Justice.

The court properly granted defendant leave to amend her pleadings to assert claims against appellant and to join appellant as a party...

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