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 806.17 - Applications for reinstatement of incapacitated attorneys

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

(a) Any application for reinstatement by a respondent pursuant to Uniform Rules for Attorney Disciplinary Matters (section 1240.17 of this Title) shall be made in the form of a motion 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.

(b) Such notice of motion shall be accompanied by an affidavit of the respondent, such papers as may be required pursuant to Uniform Rules for Attorney Disciplinary Matters (section 1240.17[b] and [e] of this Title), and such additional exhibits as are necessary.

(c) 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.

(d) 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).

(e) Motions pursuant to this subdivision 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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