N.Y. Comp. Codes R. & Regs. tit. 22 § 840.2

Current through Register Vol. 46, No. 50, December 11, 2024
Section 840.2 - Notification of institution of disciplinary proceedings; to whom given

WHEREAS, pursuant to the provisions of section 90, subdivision 10, of the Judiciary Law of the State of New York, the institution of disciplinary proceedings against an attorney are to be deemed confidential; and

WHEREAS, a clerk of an Appellate Division of the Supreme Court, or the Clerk of the Court of Appeals, may be called upon to issue a certificate of good standing to an attorney against whom disciplinary proceedings may have been instituted in another Appellate Division; and

WHEREAS, a clerk of an Appellate Division of the Supreme Court, or the Clerk of the Court of Appeals, may desire to affix a legend or notation to such certificate of good standing to be issued to an attorney against whom disciplinary proceedings may have been instituted in another Appellate Division to the effect that such proceedings are pending in such other Appellate Division; it is

ORDERED that, solely for the purpose of enabling a Clerk of an Appellate Division of the Supreme Court or the Clerk of the Court of Appeals to make such notation or affix such legend to a certificate of good standing, the Clerk of this Court is authorized to furnish to the Clerk of the Court of Appeals and the Clerks of the Appellate Divisions of the First, Second and Fourth Departments, a certified copy of each order entered by this Court directing a hearing on, or a reference to hear and report with respect to, charges of unprofessional conduct against an attorney contained in a petition filed with the Clerk of this Court by a Bar Association or other authorized person, body or agency.

DATED AND ENTERED: October 26, 1966

AMENDMENT

WHEREAS, this court by order entered October 26, 1966, authorized the clerk of this court to transmit to the clerk of the Court of Appeals and to the clerks of the Appellate Divisions of the First, Second and Fourth Departments a certified copy of each order entered by this court directing a hearing on, or a reference to hear and report with respect to, charges of unprofessional conduct against an attorney contained in a petition filed with the clerk of this court by a Bar Association, or other authorized person, body or agency; and

WHEREAS, said order was entered because it had been assumed that a clerk of such other courts might issue a certificate of good standing of a member of the bar who had been admitted in another Department; and

WHEREAS, it appears that only the clerk of the Appellate Division of the Department in which an attorney has been admitted to practice will issue a certificate of his good standing; it is

ORDERED that the order of this court dated October 26, 1966, be amended so as to provide for transmittal solely to the clerk of the Appellate Division in which the attorney was admitted of a certified copy of an order of this court directing such a hearing or reference.

DATED AND ENTERED: October 23, 1973

N.Y. Comp. Codes R. & Regs. Tit. 22 § 840.2