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 806.16 - Applications for reinstatement of suspended and disbarred attorneys pursuant to Uniform Rules for Attorney Disciplinary Matters (section 1240.16 of this Title)
Universal Citation: 22 NY Comp Codes Rules and Regs ยง 806.16
Current through Register Vol. 46, No. 39, September 25, 2024
(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"TM 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).
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