N.Y. Comp. Codes R. & Regs. tit. 22 § 1240.9

Current through Register Vol. 46, No. 51, December 18, 2024

Section 1240.9 - Interim Suspension While Investigation or Proceeding is Pending

(a) A respondent may be suspended from practice on an interim basis during the pendency of an investigation or proceeding on application or motion of a Committee, following personal service upon the respondent, or by substitute service in a manner approved by the Presiding Justice, and upon a finding by the Court that the respondent has engaged in conduct immediately threatening the public interest. Such a finding may be based upon:

(1) the respondent's default in responding to a petition, notice to appear for formal interview, examination, or pursuant to subpoena under these Rules;

(2) the respondent's admission under oath to the commission of professional misconduct;

(3) the respondent's failure to comply with a lawful demand of the Court or a Committee in an investigation or proceeding under these Rules;

(4) the respondent's willful failure or refusal to pay money owed to a client, which debt is demonstrated by an admission, judgment, or other clear and convincing evidence; or

(5) other uncontroverted evidence of professional misconduct.

(b) An application for suspension pursuant to this rule may provide notice that a respondent who is suspended under this rule and who has failed to respond to or appear for further investigatory or disciplinary proceedings within six months from the date of the order of suspension may be disbarred by the Court without further notice.

(c) Any order of interim suspension entered by the Court shall set forth the basis for the suspension and provide the respondent with an opportunity for a post-suspension hearing.

(d) An order of interim suspension together with any decision issued pursuant to this subdivision shall be deemed a public record. The papers upon which any such order is based shall be deemed confidential pursuant to Judiciary Law § 90(10).

N.Y. Comp. Codes R. & Regs. Tit. 22 § 1240.9

Adopted New York State Register October 12, 2016/Volume XXXVIII, Issue 41, eff. 10/1/2016