N.Y. Comp. Codes R. & Regs. tit. 22 § 1240.28

Current through Register Vol. 46, No. 36, September 4, 2024

Section 1240.28 - Appendix D

Application for Reinstatement to the Bar After Suspension for Six Months or Less

INSTRUCTIONS

An application pursuant to section 1240.16(d) of these Rules for reinstatement to the bar after suspension from practice for six months or less shall comply with the following requirements:

(1) The application shall be made in the form of a motion.

(2) The moving papers shall bear the caption and the docket number, if any, of the proceeding resulting in the respondent's suspension.

(3) The motion shall be made on notice to the Committee that was the petitioner in the proceeding leading to the respondent's suspension and to the Lawyers' Fund for Client Protection.

(4) The motion shall be made, noticed, and filed in accordance with the rules of practice of the Court. Payment of the fee required by CPLR 8022(b) shall accompany the filing of the motion papers, unless the movant is exempt from payment thereof pursuant to CPLR 1102.

(5) The motion shall be supported by the affidavit of the respondent, subscribed and sworn to before a notary public or other person authorized to administer an oath.

(6) The supporting affidavit shall be worded and numbered as set forth below.

(7) In completing the supporting affidavit, the respondent should not omit inapplicable passages.

(8) The application may be supplemented by the affidavits or affirmations of counsel and character witnesses, and with additional appropriate exhibits.

(9) Place the moving papers in the following order:

a. the notice of motion;

b. the respondent's form affidavit;

c. the exhibits supporting that form affidavit;

d. any additional supporting affidavits or affirmations and exhibits thereto; and

e. affidavits reflecting service of the moving papers upon the Chief Attorney of the appropriate Committee and the Lawyers' Fund for Client Protection.

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N.Y. Comp. Codes R. & Regs. Tit. 22 § 1240.28