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Matter of Lotsof

Court of Appeals of the State of New York
Jul 15, 1974
34 N.Y.2d 952 (N.Y. 1974)

Opinion

Argued May 6, 1974

Decided July 15, 1974

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department.

Jeremiah S. Gutman and Donald L. Doernberg for appellant.

Louis J. Lefkowitz, Attorney-General ( Daniel M. Cohen and Samuel A. Hirshowitz of counsel), in his statutory capacity under section 71 of the Executive Law.

Clifton C. Tang, amicus curiae.


We affirm the order of the Appellate Division in the absence of any proof in the record that the applicant was an actual resident of the State of New York at the time of filing his application for admission to practice (CPLR 9406, subd. 3). In that view of the matter we do not reach the question of the validity of a durational residence requirement.

We take this opportunity to invite attention to what appears to us to be the high desirability of legislative reconsideration of the broad basis of eligibility for admission to the Bar, including requirements as to both residency and employment (cf. L. 1974, ch. 75).

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS concur in Per Curiam opinion.

Order affirmed.


Summaries of

Matter of Lotsof

Court of Appeals of the State of New York
Jul 15, 1974
34 N.Y.2d 952 (N.Y. 1974)
Case details for

Matter of Lotsof

Case Details

Full title:In the Matter of the Application of CHARLES S. LOTSOF, Appellant, for…

Court:Court of Appeals of the State of New York

Date published: Jul 15, 1974

Citations

34 N.Y.2d 952 (N.Y. 1974)