CPLR 321(c) provides that an action is stayed for 30 days upon the death or disability of an attorney.

(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.

Is it sufficient to file a notice of disability with a doctor’s letter attached to engage this provision? Is the disabled lawyer automatically relieved as counsel of record?

Kenneth Cooperstein

54 Harbor Park Drive
Centerport, NY 11721

Tel 631-754-7777

Fax 631-754-7661

Email ksc@cooperstein.us

THIS ELECTRONIC COMMUNICATION CONTAINS CONFIDENTIAL AND/OR LEGALLY PRIVILEGED INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL(S) NAMED IN THE BODY. IF YOU ARE NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISCLOSURE, COPYING, DISTRIBUTION OR THE TAKING OF ANY ACTION IN RELIANCE ON THE CONTENTS OF THIS COMMUNICATION IS STRICTLY PROHIBITED.