22 CRR-NY 806.16NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 22. JUDICIARY
SUBTITLE B. COURTS
CHAPTER IV. SUPREME COURT
SUBCHAPTER C. THIRD JUDICIAL DEPARTMENT
ARTICLE 1. APPELLATE DIVISION
SUBARTICLE B. ATTORNEYS
PART 806. CONDUCT OF ATTORNEYS
22 CRR-NY 806.16
22 CRR-NY 806.16
806.16 Applications for reinstatement of suspended and disbarred attorneys pursuant to Uniform Rules for Attorney Disciplinary Matters (section 1240.16 of this Title).
(a) Disbarred attorneys and attorneys suspended for more than six months.
(1) Any motion for reinstatement by a respondent who has been disbarred or who has been suspended for more than six months shall be made returnable on Monday (or if Monday falls on a holiday, on the next business day), whether or not court is actually in session, upon no less than 90’ days notice to the committee and the Lawyers' Fund for Client Protection.
(2) Such notice of motion shall be accompanied by an affidavit of the respondent in the form of Appendix C to Uniform Rules for Attorney Disciplinary Matters (Part 1240 of this Title), and such additional exhibits as are necessary.
(3) The committee shall be heard in response to the motion by service and filing of an affirmation or affidavit, and such additional exhibits as are necessary, in a manner consistent with Practice Rules of the Appellate Division (section 1250.4[a][5] of this Title). The respondent may not be heard in reply absent prior authorization by the court.
(4) Any motion pursuant to this subdivision, any papers filed in response thereto and the reply, if any, shall be filed with the court as an original and a single copy thereof, along with proof of service of a single copy thereof upon the adversary. The copy of any such papers may be delivered to the court in portable document format (PDF).
(5) At the discretion of the court, any application pursuant to this subdivision may be referred to the appropriate committee on character and fitness or to a referee for hearing and report.
(b) Attorneys suspended for six months or less.
(1) Any motion for reinstatement by a respondent who has been suspended for six months or less shall be made returnable on Monday (or if Monday falls on a holiday, on the next business day), whether or not court is actually in session, upon no less than 30’ days notice to the committee and the Lawyers' Fund for Client Protection.
(2) Such notice of motion shall be accompanied by an affidavit of the respondent in the form of Appendix D to Uniform Rules for Attorney Disciplinary Matters (Part 1240 of this Title), and such additional exhibits as are necessary.
(3) Unless the court otherwise directs, the committee shall be heard in response to the motion by service and filing of an affidavit, and such additional exhibits as are necessary, with the court within 20 days of the date such motion was served upon the committee. The respondent may not be heard in reply absent prior authorization by the court.
(4) Any motion pursuant to this subdivision, any papers filed in response thereto and the reply, if any, shall be filed with the court as an original and a single copy thereof, along with proof of service of a single copy thereof upon the adversary. The copy of any such papers may be delivered to the court in portable document format (PDF).
22 CRR-NY 806.16
Current through August 31, 2021
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