N.Y. Comp. Codes R. & Regs. tit. 22 § 806.21

Current through Register Vol. 46, No. 15, April 10, 2024

Section 806.21 - Applications for appointment of attorney to protect interests of clients or attorney

(a) Any applications for an order pursuant to Uniform Rules for Attorney Disciplinary Matters (section 1240.21 of this Title) shall be brought on before the court by order to show cause executed by the presiding justice and to be served upon the committee and such other persons or entities as are directed therein and at a time and in a manner specified therein.

(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 application.

(c) The application shall be made returnable in a manner consistent with Practice Rules of the Appellate Division (section 1250.4[a][1] of this Title). Papers in opposition to the application shall be in the form of an affidavit or affirmation, with such additional exhibits as are necessary, and shall be served and filed in a manner consistent with Practice Rules of the Appellate Division (section 1250.4[a][5] of this Title).

(d) The application and any papers filed in opposition thereto 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 not be argued unless otherwise specified by the presiding justice in the order to show cause.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 806.21