(a) The committee's application for a respondent's interim suspension pursuant to Uniform Rules for Attorney Disciplinary Matters (section 1240.9 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 on Monday (or if Monday falls on a holiday, on the next business day), whether or not court is actually in session. The respondent may be heard in opposition to the application by filing an affidavit, and such additional exhibits as are necessary, with the court on or before 11:00 a.m. on the Friday before the return date. The committee may not be heard in reply absent prior authorization by the court.
(d) The committee's 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.
RESEARCH REFERENCES AND PRACTICE AIDS:
42 NY Jur 2d, Decedents' Estates §§ 2127, 2158, 2160, 2162, 2164, 2166, 2167, 2169.
29 C-W2d, Accounting Procedure §§ 166:172, 166:178.
31 Am Jur 2d, Executors and Administrators §§ 455---460.
22 CRR-NY 806.9 Current through July 31, 2018