The notice of appeal may be served upon the adverse party or the attorney of record, unless the attorney of record is discharged in the mode prescribed by law (by order of the court or by stipulation signed by the attorney and the client.)
The service of the copy of the judgment with notice of entry upon the original attorney is valid where the attorney is not discharged in the mode prescribed by law that is, by order of the court or by stipulation signed by the attorney and the client, the attorney is authorized to act for all purposes incidental to the entry and enforcement of the judgment; as to the adverse parties his authority continues unabated. However, for the purpose of prosecuting an appeal from the judgment the client is free to retain another attorney without the necessity of any formal substitution. Hendry v. Hilton 283 A.D. 168, 127 N.Y.S.2d 454 (2 Dept. 1953).
Service of the notice on an adverse party's attorneys of record is adequate, despite a claim that service was made after the attorneys had been discharged as counsel, where there is no evidence in the record to show that the discharge was effected in the method prescribed by law. Stancage v. Stancage, 173 A.D.2d 1081, 570 N.Y.S.2d 418 (3d Dep't 1991).
The attorney-client relationship terminates upon entry of judgment following trial and a client may retain a new attorney to prosecute an appeal without obtaining an order of substitution. Vitale v. La Cour, 92 A.D.2d 892, 459 N.Y.S.2d 881(2 Dept. 1983).