New York Codes, Rules and Regulations
Title 22 - JUDICIARY
Subtitle B - Courts
Chapter IV - Supreme Court
Subchapter A - First Judicial Department
Article 1 - Appellate Division
Subarticle A - Rules of Practice
Part 603 - Conduct Of Attorneys
Section 603.8 - Formal proceedings before the court pursuant to section 1240.8 of this Title
Universal Citation: 22 NY Comp Codes Rules and Regs ยง 603.8
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Preliminary provisions.
(1) Appearance pro se. When a respondent
appears pro se, the respondent shall file with the court and office of the
chief attorney an address to which any notice or other written communication
required to be served upon the respondent may be sent. The respondent shall
also file with the court and the office of the chief attorney a telephone
number and e-mail address.
(2)
Representation of respondent by counsel. Counsel for a respondent shall file
with the court and office of the chief attorney a written notice of appearance
which shall state such counsel's name, address, telephone number and e-mail
address, and the name and address of the respondent on whose behalf counsel
appears. Any additional notice or other written communication required to be
served or furnished to a respondent may be sent to counsel of record for such
respondent in lieu of transmission to the respondent. Any notice required to be
served on or furnished to the respondent shall also be served upon or furnished
to respondent's counsel in the same manner as prescribed for the respondent,
notwithstanding the fact that such communication may be furnished directly to
the respondent.
(3) Preference;
extensions. Disciplinary matters shall be granted a preference by the court.
Extension of the time periods specified in Part 1240 of this Title regarding
proceedings before the referee shall be made in writing to the court and
determined by a justice of the court upon good cause shown.
(b) Commencement of formal proceedings.
(1) On behalf of the committee,
the office of the chief attorney shall institute formal disciplinary
proceedings under section
1240.8(a)(1) of
this Title by serving on the respondent a notice of petition, together with the
petition and any supporting affidavits and exhibits specified in the notice at
least 20 days before the time at which the petition is noticed to be heard.
Unless otherwise directed by a justice of the court, petitions shall be noticed
for 10 o'clock in the forenoon of any regular business day of the court during
the period of August 1st through June 20th, and on Mondays during the period of
June 21st through July 31st. The original notice of petition and petition
(without additional conformed copies) shall be filed with the court in
accordance with section
600.2(b) of this
Title.
(2) Contents of notice of
petition and petition. The petition shall set forth the charges of misconduct
against the respondent, the disciplinary rules alleged to have been violated,
and, in appropriate cases, the fact that the committee will seek restitution or
reimbursement pursuant to section
90
(6-a)(a) of the Judiciary Law.
(3) Answer and reply.
(i) An answer and supporting affidavits and
exhibits, if any, shall be served at least seven days before the time at which
the petition is noticed to be heard. A reply, together with supporting
affidavits, if any, shall be served at least one day before the petition is
noticed to be heard. The original answer and original reply (without additional
conformed copies) shall be filed with the court in accordance with section
600.2(b) of this
Title.
(ii) The answer shall be in
writing and shall respond specifically (by admissions, denials or otherwise) to
each allegation of the petition and shall assert all affirmative
defenses.
(iii) The respondent may
include in the answer matters in mitigation.
(iv) In the event the respondent fails either
to serve and file an answer or respond specifically to any allegation or
charge, such allegation or charge shall be deemed
admitted.
(c) Motions
(1) All motions and applications
authorized under Part 1240 of this Title shall be filed with the court in the
manner specified in section
600.2(a) of this
Title. The parties shall submit to the clerk five conformed copies in addition
to the original notice of motion and supporting affidavits and
exhibits.
(2) Where the court has
appointed a referee to hear and report pursuant to section
603.8 -a of this Part, the court
may refer any pending motion or application in that proceeding to the referee
for determination.
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