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.