N.Y. Comp. Codes R. & Regs. tit. 22 § 806.13

Current through Register Vol. 46, No. 45, November 2, 2024

Section 806.13 - Applications to impose discipline for misconduct in a foreign jurisdiction

(a) The committee's application pursuant to Uniform Rules for Attorney Disciplinary Matters (section 1240.13[a] of this Title) shall be brought on before the court by order to show cause executed by the presiding justice and shall be served upon the respondent at a time and in a manner specified therein consistent with Judiciary Law section 90(6).

(b) Such order to show cause shall be accompanied by an affirmation or affidavit, and such additional exhibits as are necessary, setting forth the facts alleged in support of the committee's application.

(c) The committee's application shall be made returnable in a manner consistent with Practice Rules of the Appellate Division (section 1250.4[a][1] of this Title). The respondent may be heard in opposition to the application by service and filing of an affidavit pursuant to Uniform Rules for Attorney Disciplinary Matters (section 1240.13[b] of this Title), 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 committee may not be heard in reply absent prior authorization by the court.

(d) The committee's application, any papers filed in opposition 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) Applications 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.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 806.13