New York Codes, Rules and Regulations
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
Section 806.11 - Applications for diversion to a monitoring program

Universal Citation: 22 NY Comp Codes Rules and Regs ยง 806.11

Current through Register Vol. 46, No. 39, September 25, 2024

(a) In matters pending before the committee pursuant to Uniform Rules for Attorney Disciplinary Matters (section 1240.7 of this Title).

(1) Any application pursuant to Uniform Rules for Attorney Disciplinary Matters (section 1240.11[a] of this Title) shall be brought on before the court by order to show cause executed by the presiding justice and shall be served upon the adversary at a time and in a manner specified therein.

(2) Such order to show cause shall be accompanied by an affirmation or affidavit, and such additional exhibits as are necessary, setting forth the facts alleged in support of the application.

(b) In matters pending before the court pursuant to Uniform Rules for Attorney Disciplinary Matters (section 1240.8 of this Title).

(1) Any application pursuant to Uniform Rules for Attorney Disciplinary Matters (section 1240.11[a] of this Title) shall be made by motion on notice to the adversary consistent with Practice Rules of the Appellate Division (section 1250.4[a][4] of this Title).

(2) Such notice of motion shall be accompanied by an affirmation or affidavit, and such additional exhibits as are necessary, setting forth the facts alleged in support of the application.

(c) Any application pursuant to this section shall be made returnable in a manner consistent with Practice Rules of the Appellate Division (section 1250.4[a][1] of this Title). The adversary may be heard in response to the application 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 applicant may not be heard in reply absent prior authorization by the court.

(d) Any application pursuant to this section, any papers filed in opposition 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).

(e) Applications pursuant to this section may be argued upon the direction of the court made upon request of the committee or the respondent prior to the return date of the application.

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