NYCourts.govNew York State Unified Court System

Overview


Administration

27 Madison Avenue
New York, NY 10010
(212) 340-0400

Courthouse Rendering

Acting Presiding Justice
Hon. Peter Tom

Clerk of the Court
Susanna Molina Rojas

Hours of operation:
9:00 am - 5:00 pm, Monday through Friday, except public holidays


Excellence Initiative

For information on the Excellence Initiative of Chief Judge Janet DiFiore, including how comments and suggestions may be submitted to the Chief Judge, please see Excellence Initiative

 

 

Attorney Disciplinary Matters - New rules effective October 1, 2016

Rules for Attorney Disciplinary Matters (22 NYCRR Part 1240)  & Uniform Form Appendices A - F

Amendment of Court Rules part 603 and 605 relating Conduct of Attorneys and Disciplinary Matters

 


Introduction

Created by the New York State Constitution of 1894, the Appellate Division of the Supreme Court, First Judicial Department, is one of four intermediate appellate courts in the State, and holds jurisdiction over the Counties of New York and the Bronx. Appeals are taken to the Appellate Division, as a matter of right, in civil and criminal cases, from the Supreme Court, Surrogate’s Court, Family Court, and Court of Claims.

As a branch of the Supreme Court, the Appellate Division has broad powers to review questions of law and fact, and to make new findings of fact. It serves as the court of original jurisdiction in certain types of matters; other cases reach the Appellate Division after they have been reviewed by the Appellate Term, a lower appellate court. Since, with few exceptions, appeals to the Court of Appeals, the State’s highest court, are by permission only, the Appellate Division is the court of last resort in the majority of cases. Over 3,000 appeals, 6,000 motions, and 1,000 interim applications are determined each year.

In addition, the Appellate Division admits roughly 3,000 new attorneys to the Bar each year, disciplines practicing lawyers, and otherwise exercises its judicial authority in Manhattan and the Bronx.

 

Attorney Registration:
Failure to Comply with Biennial Requirements

Judiciary Law § 468-a requires that every attorney admitted to practice in the State of New York register biennially and, if applicable, pay a registration fee to the Chief Administrator of the Courts. Pursuant to Section 468-a, attorneys who are in default of this biennial obligation are subject to Appellate Division disciplinary action.


The Office of Court Administration has forwarded to the Attorney Grievance Committee (formerly known as the Departmental Disciplinary Committee) of the First Judicial Department a list of approximately 3,203 attorneys who were admitted or work in the First Department and who have failed to respond to three notifications that they are in default of their obligation to comply with the registration and, applicable fee requirements. Attorneys who do not cure the default by November 18, 2016 will be named as respondents in an omnibus disciplinary proceeding seeking their immediate suspension from the practice of law sine dine.


The notice of motion seeking suspension, including the name and last known address of the attorneys in default, will be published in the New York Law Journal prior to the return date of the motion. The names and addresses will also be posted on the Law Journal’s website and on the Appellate Division, First Department’s website. Attorneys named in the motion must respond by submitting to the Court an affidavit that includes proof of compliance with the statute.


Attorneys who do not submit satisfactory proof of registration and payment of all applicable outstanding fees within thirty (30) days of the notice will be suspended by order of the Appellate Division. Once suspended from practice, an attorney may apply for reinstatement pursuant to the Court’s reinstatement procedure.


Attorneys can check their attorney registration status at

http://iapps.courts.state.ny.us/attorney/AttorneySearch