reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter VI - Judicial Nomination Commission › Part 7101 - Rules For Public Access To Records Of The State Of New York Commission On Judicial Nomination › Section 7101.5 - Hours for public inspection

Current through Register Vol. 46,
				  No. 28, July 10, 2024
Requests for public access to records shall
					 be accepted and records produced upon reasonable notice during all hours
					 regularly open for business.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter VI - Judicial Nomination Commission › Part 7101 - Rules For Public Access To Records Of The State Of New York Commission On Judicial Nomination › Section 7101.6 - Requests for public access to records

Current through Register Vol.
				  46, No. 28, July 10, 2024
(a) A written request is
				  required.
(b) A
				  request shall reasonably describe the record or records sought. Whenever
				  possible, a person requesting records should supply information regarding
				  names, dates, or other information that may help to describe the records
				  sought.
(c) The
				  records access officer shall respond to any request reasonably describing the
				  record or records sought within five business days of receipt of the
				  request.
(d) If the
				  records access officer neither provides nor denies access to the record or
				  records sought within 30 business days of receipt of a request, the records
				  access officer shall furnish a written acknowledgment of receipt of the request
				  and a statement of the approximate date when the request will be granted or
				  denied.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter VI - Judicial Nomination Commission › Part 7101 - Rules For Public Access To Records Of The State Of New York Commission On Judicial Nomination › Section 7101.7 - Denial of access to records

Current through Register Vol. 46,
				  No. 28, July 10, 2024
(a) Denial of access to records or
				  information shall be in writing, stating the reason therefor and advising the
				  requester of the right to appeal to the chair of the commission.
(b) If the requested records
				  are not provided promptly, as required in section
				  7101.6(c), (d) of
				  this Part, such failure shall be deemed a denial of access by the
				  commission.
(c) Any
				  person denied access to records may appeal within 30 days of the
				  denial.
(d) The
				  commission shall transmit to the Committee on Open Government copies of all
				  appeals upon receipt of such an appeal. Such copies shall be addressed to:
Committee on Open Government
Department of State
41 State Street
Albany, NY 12231
(e) The chair of the
				  commission shall hear and determine appeals regarding denial of access to
				  records.
(f) The
				  time for deciding an appeal shall commence upon receipt of a written appeal
				  identifying:
(1) the date of
				  the appeal;
(2) the
				  date and location of the requests for records;
(3) the records to which the
				  requester was denied access; and
(4) the name and return address of the
				  requester.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter VI - Judicial Nomination Commission › Part 7101 - Rules For Public Access To Records Of The State Of New York Commission On Judicial Nomination › Section 7101.8 - Fees

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a)
				  There shall be no fee charged for the following:
(1) inspection of records;
(2) search for records;
				  or
(3) any
				  certification pursuant to this Part.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter VI - Judicial Nomination Commission › Part 7101 - Rules For Public Access To Records Of The State Of New York Commission On Judicial Nomination › Section 7101.9 - Severability

Current through Register Vol. 46, No. 28, July 10,
				  2024
If any provision of this Part or the
					 application thereof to any person or circumstance is adjudged invalid by a
					 court of competent jurisdiction, such judgment shall not affect or impair the
					 validity of the other provisions of this Part or the application thereof to
					 other persons or circumstances.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter VII - The Lawyers' Fund For Client Protection › Part 7200 - Trustees' Regulations And Procedures › Section 7200.1 - Purpose of fund

Current through Register Vol. 46, No. 28, July
				  10, 2024
The purpose of The Lawyers' Fund for Client
					 Protection is to promote public confidence in the administration of justice and
					 the integrity of the legal profession by reimbursing losses caused by the
					 dishonest conduct of attorneys admitted and licensed to practice law in the
					 courts of New York State.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter VII - The Lawyers' Fund For Client Protection › Part 7200 - Trustees' Regulations And Procedures › Section 7200.2 - Organization

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a)
				  The fund shall be administered by a board of trustees appointed by the Court of
				  Appeals of the State of New York.
(b) The board of trustees shall consist
				  of seven members. Of the trustees first appointed, three shall be appointed for
				  terms of three years, two for a term of two years, and two for a term of one
				  year. As each term expires, each new appointment shall be for a term of three
				  years.
(c) The
				  trustees shall serve without compensation, but shall be entitled to receive
				  their actual and necessary expenses incurred in the discharge of their
				  duties.
(d) The
				  trustees shall from time to time elect from their membership a chairman,
				  vice-chairman, treasurer and such additional officers as they deem necessary or
				  appropriate.
(e) The
				  trustees shall retain an executive director to serve as the chief
				  administrative officer of the fund.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter VII - The Lawyers' Fund For Client Protection › Part 7200 - Trustees' Regulations And Procedures › Section 7200.3 - Meetings

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a)
				  The trustees shall meet at least quarterly each year at such locations, or in
				  such manner, as the chairman shall designate. Special meetings may be called by
				  the chairman, and shall be called by the chairman upon the request of at least
				  two trustees. Special meetings may be conducted by telephone conference. The
				  chairman shall provide reasonable notice of all meetings.
(b) Four trustees shall
				  constitute a quorum. A majority of the trustees present at any meeting of the
				  board may exercise any power held by the trustees, except as otherwise provided
				  in this Part.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter VII - The Lawyers' Fund For Client Protection › Part 7200 - Trustees' Regulations And Procedures › Section 7200.4 - Powers of trustees

Current through Register Vol. 46, No. 28,
				  July 10, 2024
In the exercise of the authority granted the
					 trustees, the trustees have the power to:
(a) receive, hold, manage and
				  distribute 50 per centum of the monies collected pursuant to the provisions of
				  section
				  468-a of the
				  Judiciary Law and such other monies as may be credited or otherwise transferred
				  from any other fund or source, pursuant to law, including voluntary
				  contributions, together with any interest accrued thereon. All deposits of such
				  revenues not otherwise required for the payment of claims shall be secured and
				  invested as required by the provisions of section
				  97-t of the
				  State Finance Law;
(b) adopt regulations for the
				  administration of the fund and procedures for the presentation, determination
				  and payment of claims, including the establishment of a maximum limitation for
				  awards to claimants;
(c) investigate claims for
				  reimbursement of losses as the trustees deem appropriate using staff and other
				  available resources;
(d) coordinate and cooperate with the
				  Appellate Divisions of the Supreme Court in the investigation of
				  claims;
(e) examine
				  witnesses and, in accordance with the provisions of the Civil Practice Law and
				  Rules and the regulations of the trustees, administer oaths or affirmations and
				  issue subpoenas;
(f)
				  hold such hearings, interviews or informal meetings as the trustees deem
				  appropriate;
(g)
				  determine, in the trustees' sole discretion, the merits of claims presented for
				  reimbursement, the amount of reimbursement to be awarded, the terms under which
				  reimbursement shall be made and the order of payment;
(h) prosecute claims for
				  restitution to which the fund may be entitled;
(i) employ and at pleasure
				  remove employees, legal counsel, agents and consultants, and fix their
				  compensation within the amounts made available therefor;
(j) furnish the Court of
				  Appeals with such reports and audits as the court may require; and
(k) perform all other acts
				  necessary or proper for the fulfillment of the purposes of the fund and its
				  effective administration.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter VII - The Lawyers' Fund For Client Protection › Part 7200 - Trustees' Regulations And Procedures › Section 7200.5 - Duties of officers

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(a) The chairman shall preside at all
				  meetings of the trustees, generally supervise the administration of the fund,
				  and exercise such other functions and duties that the trustees may assign or
				  delegate, or that are customary to the office of chairman.
(b) The vice-chairman shall
				  assume the duties of chairman in the absence or disability of the
				  chairman.
(c) The
				  treasurer shall maintain the financial records of the fund and, jointly with
				  the chairman, certify vouchers of the fund that authorize the State Comptroller
				  to make payments to claimants.
(d) The executive director shall assist
				  the trustees, supervise the implementation of regulations and policies of the
				  trustees, coordinate the investigation of claims and prepare reports thereon,
				  supervise staff, serve as secretary at meetings, and fulfill such other duties
				  as may be assigned or delegated by the chairman or the trustees.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter VII - The Lawyers' Fund For Client Protection › Part 7200 - Trustees' Regulations And Procedures › Section 7200.6 - Conflict of interest

Current through Register Vol. 46, No. 28,
				  July 10, 2024
A trustee with a past or present
					 relationship with a claimant or the attorney whose alleged conduct is the
					 subject of the claim shall disclose such relationship to the trustees and, if
					 the trustees deem appropriate, that trustee shall not participate in any
					 proceeding relating to such claim.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter VII - The Lawyers' Fund For Client Protection › Part 7200 - Trustees' Regulations And Procedures › Section 7200.7 - Reports

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a)
				  On or before the first day of April each year, the trustees shall prepare an
				  annual report of the activities and operations of the fund during the preceding
				  year. The report shall be transmitted to the Court of Appeals, the Governor,
				  the Legislature and the State Comptroller.
(b) The trustees may also issue
				  periodic reports to the public concerning the activities and procedures of the
				  fund.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter VII - The Lawyers' Fund For Client Protection › Part 7200 - Trustees' Regulations And Procedures › Section 7200.8 - Eligible claims

Current through Register Vol. 46, No. 28, July
				  10, 2024
(a) The trustees shall consider claims
				  for the reimbursement of losses caused by the dishonest conduct of attorneys
				  admitted to practice in New York State, provided that:
(1) the dishonest conduct alleged in
				  the claim constituted the wrongful taking of money, securities or other
				  property belonging to a law client or other person who entrusted it with an
				  attorney admitted to the practice of law in New York State;
(2) the dishonest conduct
				  occurred in the practice of law by an attorney admitted to practice law in New
				  York State;
(3)
				  there is, in the trustees' discretion, a sufficient nexus between the dishonest
				  conduct alleged in the claim and the practice of law in New York
				  State;
(4) the claim
				  is made directly by the client or other person, or their
				  representative;
(5)
				  the loss occurred or was discovered on or after June 1, 1981; and
(6) unless the trustees decide
				  otherwise, the attorney has been suspended or removed from practice, is dead,
				  or the attorney's whereabouts cannot be determined.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter VII - The Lawyers' Fund For Client Protection › Part 7200 - Trustees' Regulations And Procedures › Section 7200.9 - Filing claims

Current through Register Vol. 46, No. 28, July
				  10, 2024
(a) Claims for reimbursement from the
				  fund shall be written and verified. The fund shall provide an official claim
				  form which shall require the following information: the name and address of the
				  claimant; the name and last-known address of the attorney who is alleged to
				  have committed a dishonest act; the terms of the attorney's professional
				  engagement for the claimant; the amount of loss incurred; the date of the loss
				  or the period of time when the loss occurred; the place and manner in which the
				  loss occurred; the date and manner in which the claimant discovered the loss; a
				  description of what steps the claimant has taken to recover the loss from the
				  attorney or any other source; and whether there are other sources, such as
				  insurance, fidelity bonds or surety agreements, to reimburse the claimant's
				  loss. The trustees may require a claimant to submit additional information that
				  may be necessary to determine a claim.
(b) The fund shall promptly acknowledge
				  receipt of the claim, which shall be assigned a claim number.
(c) A claim shall be filed
				  with the fund within two years after the following dates, whichever is later:
(1) the date when the alleged
				  dishonest conduct occurred; or
(2) the date when such dishonest
				  conduct was first discovered.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter VII - The Lawyers' Fund For Client Protection › Part 7200 - Trustees' Regulations And Procedures › Section 7200.11 - Reconsideration of claims

Current through Register Vol. 46, No. 28,
				  July 10, 2024
A claimant who is denied reimbursement in
					 whole or in part may request that the trustees reconsider the claim by filing
					 an application with the fund no later than 30 days following receipt of the
					 trustees' determination. If a claimant fails to request reconsideration, or the
					 original determination of the trustees is confirmed, the trustees'
					 determination shall be final.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter VII - The Lawyers' Fund For Client Protection › Part 7200 - Trustees' Regulations And Procedures › Section 7200.12 - Legal right to payment from fund

Current through Register Vol. 46,
				  No. 28, July 10, 2024
No person or organization shall have any
					 legal right to payment from the fund as a claimant, third-party beneficiary or
					 otherwise.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter VII - The Lawyers' Fund For Client Protection › Part 7200 - Trustees' Regulations And Procedures › Section 7200.13 - Payment of awards

Current through Register Vol. 46, No. 28, July
				  10, 2024
(a) Claimants shall be reimbursed for
				  losses in amounts to be determined by the trustees. No award shall exceed
				  $300,000.
(b) Awards
				  shall not include interest. Attorneys' fees and other incidental out-of-pocket
				  expenses shall not be reimbursed by the fund. Additional taxes, interest, late
				  charges and similar penalties finally incurred by a claimant as the direct
				  result of an attorney's misappropriation may be eligible for reimbursement in
				  the discretion of the trustees. The investigation report in a claim which
				  involves such an element of loss shall contain an estimate of the amount of
				  such loss and a recommendation whether the loss merits reimbursement from the
				  fund. Unless the trustees determine otherwise, payment thereof may be processed
				  as a supplemental award of reimbursement without further action by the
				  trustees, provided the claimant provides proof of loss within six months
				  following the trustees' approval of the underlying claim. The executive
				  director shall report quarterly to the trustees on the payment of all
				  supplemental awards during the preceding quarter.
(c) No claim for reimbursement
				  shall be paid until the claimant transfers to the fund, in such form as the
				  trustees shall authorize, the claimant's rights against the attorney whose
				  dishonest conduct caused the claimant's loss and any other person or entity who
				  may be liable for the claimant's loss.
(d) Payment of claims shall be made in
				  such amounts and at such times as the trustees deem appropriate and may be paid
				  in lump-sum or installment amounts.
(e) If a claimant is a minor or an
				  incompetent, the award may be paid to a parent, guardian, committee or the
				  attorney of the claimant, on the behalf of and for the benefit of the
				  claimant.
(f) All
				  payments of awards of reimbursement from the fund shall be made by the State
				  Comptroller on vouchers certified by the chairman and the treasurer.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter VII - The Lawyers' Fund For Client Protection › Part 7200 - Trustees' Regulations And Procedures › Section 7200.14 - Representation by counsel

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(a) A claimant and the attorney whose
				  alleged conduct resulted in the claim shall have the right to be represented by
				  an attorney.
(b) In
				  accordance with rules of the Appellate Divisions of the Supreme Court, no
				  attorney who assists a claimant process a claim with the fund shall charge or
				  accept compensation for those services, without the prior written approval of
				  the trustees. No fee applications by attorneys, including public officers and
				  court-appointed fiduciaries, shall be approved by the trustees absent a showing
				  of extraordinary circumstances.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter VII - The Lawyers' Fund For Client Protection › Part 7200 - Trustees' Regulations And Procedures › Section 7200.15 - Confidentiality

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a)
				  Except as otherwise provided, all claims and proceedings and the records
				  relating thereto shall be sealed and confidential.
(b) All information provided
				  by an Appellate Division of the Supreme Court shall remain sealed and
				  confidential to the extent required by section
				  90 of the
				  Judiciary Law.
(c)
				  The trustees' final determination awarding reimbursement of a claim, and the
				  facts relating to the claimant's loss, shall be a public record.
(d) An attorney whose alleged
				  conduct gave rise to the claim may waive confidentiality.
(e) This section shall not be
				  construed to deny access to information by the Court of Appeals, and Appellate
				  Division of the Supreme Court, or to any court of competent jurisdiction in a
				  judicial review proceeding.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter VII - The Lawyers' Fund For Client Protection › Part 7200 - Trustees' Regulations And Procedures › Section 7200.16 - Amendment of regulations

Current through Register Vol. 46, No. 28,
				  July 10, 2024
New regulations may be adopted, and any
					 regulation may be amended or repealed by the trustees at any regular or special
					 meeting, provided that notice of the proposed adoption, amendment or repeal has
					 been given all trustees at least seven days before the meeting. New
					 regulations, amendments and repeals shall be published in the State Register.
					 Copies of all regulations shall be made available to the public at all offices
					 of the fund.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter VII - The Lawyers' Fund For Client Protection › Part 7200 - Trustees' Regulations And Procedures › Section 7200.17 - Construction of regulations

Current through Register Vol. 46, No.
				  28, July 10, 2024
These regulations shall be liberally
					 construed to accomplish the objectives of the fund and the policies of the
					 trustees.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter VIII - State Reporter › Part 7300 - Rules Concerning Publication Of Opinions In The Miscellaneous Reports › Section 7300.1 - Approval

Current through Register Vol. 46, No. 28, July 10,
				  2024
No opinion shall be made available for
					 publication in any official or unofficial reports, except the New York Law
					 Journal, without the approval of the State Reporter or the Committee on
					 Opinions.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter VIII - State Reporter › Part 7300 - Rules Concerning Publication Of Opinions In The Miscellaneous Reports › Section 7300.2 - Copies of opinion

Current through Register Vol. 46, No. 28, July
				  10, 2024
Before an opinion is made available for
					 publication other than in the New York Law Journal, one copy thereof shall be
					 sent to the State Reporter at 17 Lodge Street, Albany, NY 12207 or
					 reporter@courts.state.ny.us.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter VIII - State Reporter › Part 7300 - Rules Concerning Publication Of Opinions In The Miscellaneous Reports › Section 7300.3 - Notification

Current through Register Vol. 46, No. 28, July 10,
				  2024
If the State Reporter determines that the
					 opinion is acceptable for publication, he will so notify the judge who wrote
					 the opinion and, within 48 hours after such determination, mail a copy thereof
					 to the West Publishing Company.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter VIII - State Reporter › Part 7300 - Rules Concerning Publication Of Opinions In The Miscellaneous Reports › Section 7300.4 - Appeal

Current through Register Vol. 46, No. 28, July 10,
				  2024
If the State Reporter determines that the
					 opinion is not acceptable for publication, he will so notify the judge who
					 wrote the opinion.
(a)
				  If the judge agrees with the State Reporter's determination, the opinion will,
				  without more, be withheld from publication.
(b) If the judge disagrees with the
				  State Reporter's determination, the opinion will be submitted, upon the judge's
				  written request, to a member of the Committee on Opinions. If the member of the
				  committee determines that the opinion should not be published, that
				  determination shall be final and the opinion will be withheld from
				  publication.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter VIII - State Reporter › Part 7300 - Rules Concerning Publication Of Opinions In The Miscellaneous Reports › Section 7300.5 - Conditional approval

Current through Register Vol. 46, No. 28,
				  July 10, 2024
In some cases, an opinion may be approved
					 for publication on condition: for example, that excessively long quotations
					 from opinions, texts or other writings be eliminated or summarized; or that an
					 exceedingly long statement of the facts be eliminated or
					 condensed.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter VIII - State Reporter › Part 7300 - Rules Concerning Publication Of Opinions In The Miscellaneous Reports › Section 7300.6 - Policies

Current through Register Vol. 46, No. 28, July 10,
				  2024
Opinions to be published should be written
					 as concisely as possible, without repetition or lengthy dissertations on
					 well-known legal principles; opinions dealing with matters which are
					 essentially of interest only to the attorneys and parties involved should not
					 be presented for publication; and opinions covering legal matters which are of
					 relatively incidental interest or which involve primarily factual or
					 discretionary matters or dicta should not be submitted for
					 publication.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter VIII - State Reporter › Part 7300 - Rules Concerning Publication Of Opinions In The Miscellaneous Reports › Section 7300.7 - Committee on Opinions

Current through Register Vol. 46, No. 28,
				  July 10, 2024
The Committee on Opinions consists of one
					 justice from each of the departments of the Appellate
					 Division.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter IX - Ethics Commission For The Unified Court System › Part 7400 - Procedures › Section 7400.1 - Requesting exemptions from filing financial disclosure statements

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a)
				  Definitions.
(1) Annual
				  compensation shall mean the basic annual salary which an individual receives to
				  perform the duties of the position in which he or she serves. Annual salary
				  shall not include location pay, payment of overtime, retroactive salary
				  benefits, uniform or clothing allowance, reimbursements, or any one-time
				  payment, bonus or award.
(2) Commission shall mean the Ethics
				  Commission for the Unified Court System.
(3) Employee shall mean a State-paid
				  judge, justice, officer or employee of the Unified Court System.
(4) Employee organization
				  shall mean an employee organization that is recognized or certified pursuant to
				  section
				  204 of the
				  Civil Service Law to represent public employees of a public employer.
(5) File shall mean to make
				  delivery to the offices of the commission personally, electronically or by
				  mail. The filing date shall be the date the document filed is received in the
				  offices of the commission.
(6) Financial disclosure statement
				  shall mean the annual statement approved by the Chief Judge pursuant to
				  subdivision 4 of section
				  211 of the
				  Judiciary Law.
(7)
				  Job title shall mean the title of the position to which an employee has been
				  elected or appointed.
(8) Rule shall mean Part 40 of the
				  Rules of the Chief Judge of the State of New York (22 NYCRR).
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter IX - Ethics Commission For The Unified Court System › Part 7400 - Procedures › Section 7400.2 - Requesting an extension of time to file a financial disclosure statement, and automatic extensions of time to file supplementary financial disclosure statements

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(a) Definitions.
(1) Commission shall mean the
				  Ethics Commission for the Unified Court System.
(2) Employee shall mean a
				  State-paid judge, justice, officer or employee of the Unified Court
				  System.
(3) File
				  shall mean to make delivery to the offices of the commission personally,
				  electronically or by mail. The filing date shall be the date the document filed
				  is received in the offices of the commission.
(4) Financial disclosure statement
				  shall mean the annual statement approved by the Chief Judge pursuant to
				  subdivision 4 of section
				  211 of the
				  Judiciary Law.
(5)
				  Job title shall mean the title of the position to which an employee has been
				  elected or appointed.
(6) Rule shall mean Part 40 of the
				  Rules of the Chief Judge of the State of New York (22 NYCRR).
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter IX - Ethics Commission For The Unified Court System › Part 7400 - Procedures › Section 7400.3 - Requesting an exemption from reporting one or more items of information which pertain to an employee's spouse or unemancipated children; statement of m

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a)
				  Definitions.
(1) Commission
				  shall mean the Ethics Commission for the Unified Court System.
(2) Employee shall mean a
				  State-paid judge, justice, officer or employee of the Unified Court
				  System.
(3) File
				  shall mean to make delivery to the offices of the commission personally,
				  electronically or by mail. The filing date shall be the date the document filed
				  is received in the offices of the commission.
(4) Financial disclosure statement
				  shall mean the annual statement approved by the Chief Judge pursuant to
				  subdivision 4 of section
				  211 of the
				  Judiciary Law.
(5)
				  Job title shall mean the title of the position to which an employee has been
				  elected or appointed.
(6) Rule shall mean Part 40 of the
				  Rules of the Chief Judge of the State of New York (22 NYCRR).
(7) Spouse shall mean husband
				  or wife of the employee filing a financial disclosure statement unless the
				  husband or wife has been living separate and apart from such employee during
				  the entire reporting year:
(i)
				  pursuant to a judicial order, decree or judgment or a legally binding
				  separation agreement; or
(ii) with the intention of terminating
				  the marriage or remaining permanently separated.
(8) Unemancipated child shall
				  mean any son, daughter, stepson or stepdaughter of the employee filing a
				  financial disclosure statement who is under the age of 18 and
				  unmarried.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter IX - Ethics Commission For The Unified Court System › Part 7400 - Procedures › Section 7400.4 - Deletion of one or more items of information from the copy of the financial disclosure statement made available to the public

Current through
				  Register Vol. 46, No. 28, July 10, 2024
(a) Definitions.
(1) Commission shall mean the
				  Ethics Commission for the Unified Court System.
(2) Employee shall mean a
				  State-paid judge, justice, officer or employee of the Unified Court
				  System.
(3) File
				  shall mean to make delivery to the offices of the commission personally,
				  electronically or by mail. The filing date shall be the date the document filed
				  is received in the offices of the commission.
(4) Financial disclosure statement
				  shall mean the annual statement approved by the Chief Judge pursuant to
				  subdivision 4 of section
				  211 of the
				  Judiciary Law.
(5)
				  Job title shall mean the title of the position to which an employee has been
				  elected or appointed.
(6) Rule shall mean Part 40 of the
				  Rules of the Chief Judge of the State of New York (22 NYCRR).
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter IX - Ethics Commission For The Unified Court System › Part 7400 - Procedures › Section 7400.5 - Public inspection of financial disclosure statements

Current
				  through Register Vol. 46, No. 28, July 10, 2024
(a) Definitions.
(1) Commission shall mean the
				  Ethics Commission for the Unified Court System.
(2) Employee shall mean a
				  State-paid judge, justice, officer or employee of the Unified Court
				  System.
(3) File
				  shall mean to make delivery to the offices of the commission personally,
				  electronically or by mail. The filing date shall be the date the document filed
				  is received in the offices of the commission.
(4) Financial disclosure statement
				  shall mean the annual statement approved by the Chief Judge pursuant to
				  subdivision 4 of section
				  211 of the
				  Judiciary Law.
(5)
				  Rule shall mean Part 40 of the Rules of the Chief Judge of the State of New
				  York (22 NYCRR).
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter IX - Ethics Commission For The Unified Court System › Part 7400 - Procedures › Section 7400.6 - Investigation by commission

Current through Register Vol. 46, No.
				  28, July 10, 2024
(a) Definitions.
(1) Commission shall mean the
				  Ethics Commission for the Unified Court System.
(2) Executive director shall
				  mean the Executive Director of the Ethics Commission for the Unified Court
				  System as appointed pursuant to section
				  40.1(i)(1) of the
				  Chief Judge's rule.
(3) Employee shall mean a State-paid
				  judge, justice, officer or employee of the Unified Court System.
(4) File shall mean to make
				  delivery to the office of the commission personally, electronically or by mail.
				  The filing date shall be the date the document filed is received in the office
				  of the commission.
(5) Financial disclosure statement
				  shall mean the annual statement approved by the Chief Judge pursuant to
				  subdivision 4 of section
				  211 of the
				  Judiciary Law.
(6)
				  Rule shall mean Part 40 of the Rules of the Chief Judge of the State of New
				  York (22 NYCRR).
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter IX - Ethics Commission For The Unified Court System › Part 7400 - Procedures › Section 7400.7 - Filing requirements for certain judicial candidates

Current
				  through Register Vol. 46, No. 28, July 10, 2024
(a)
Definitions.
(1)
Candidate
shall mean a
				  candidate for public election to judicial office, who is required to file an
				  annual statement of financial disclosure pursuant to 22 NYCRR Part 100.
Candidate
shall not mean a candidate for judicial office in
				  the town and village courts.
(2)
Commission
shall mean the Ethics Commission for the Unified
				  Court System.
(3)
File
shall mean to make delivery to the offices of the
				  commission personally or by mail. The filing date shall be the date the
				  document filed is received in the offices of the commission.
(4)
Financial disclosure
				  statement
shall mean the annual statement of financial disclosure
				  approved by the Chief Judge pursuant to subdivision 4 of section
				  211 of the
				  Judiciary Law.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle D - Forms › Chapter II - Cpl Section 330.20 Forms › Forms (cf. Part 110) › Form C - Confinement order to sheriff

Current through Register Vol. 46, No. 28, July
				  10, 2024
FORM C
CONFINEMENT ORDER TO SHERIFF
STATE OF NEW YORK
SUPREME COURT COUNTY COURT
PART: ________ COUNTY: ____________
________
PEOPLE OF THE STATE OF NEW YORK
Indictment No. ____________
vs. Crime Charged:
________
Defendant
________
Present:
Honorable ____________
Justice of the Supreme Court
Judge of the County Court
The above-named defendant having been found
					 not responsible by reason of mental disease or defect by verdict (C PL 300.10,
					 subd. 4[d])
by plea (C PL 220.15)
And, this court having issued an examination
					 order on [date] ____________ pursuant to the provisions of subdivision 2 of C
					 PL 330.20 requiring that the above-named defendant submit to a psychiatric
					 examination to determine whether the said defendant has a dangerous mental
					 disorder, or if he she does not have a dangerous mental disorder, whether the
					 said defendant is mentally ill,
And, this court having directed that the
					 above-named defendant be committed to a secure facility designated by the
					 Commissioner of Mental Health as the place for conducting the aforesaid
					 psychiatric examination,
And, the above-named defendant being now in
					 the custody of the Commissioner of Mental Health and confined in the following
					 secure facility pursuant to the aforesaid examination order:
					 ____________
And, the Commissioner of Mental Health
					 having submitted to this court the examination reports required by subdivision
					 5 of C PL 330.20,
And, this court having directed that an
					 initial hearing be conducted pursuant to subdivision 6 of C PL 330.20 to
					 determine the above-named defendant's present mental condition, it is
					 hereby
ORDERED that the
Commissioner of Correction for the City of
					 New York
Sheriff of ________ County
Commissioner of Correction for
					 ________
promptly obtain custody of the above-named
					 defendant from the Commissioner of Mental Health and confine the above-named
					 defendant pending further order of the court.
confine the defendant in the following
					 institution:
[Here name institution located near the
					 place where the court sits if that institution has been designated by the
					 Commissioner of Mental Health as suitable for the temporary and secure
					 detention of mentally disabled persons] ____________
____________.
Dated: ________
____________
____________
Justice of the Supreme Court
Judge of the County Court
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle D - Forms › Chapter II - Cpl Section 330.20 Forms › Forms (cf. Part 110) › Form D - Order discharging defendant unconditionally

Current through Register Vol. 46, No. 28, July
				  10, 2024
FORM D
ORDER DISCHARGING DEFENDANT
UNCONDITIONALLY
STATE OF NEW YORK
SUPREME COURT COUNTY COURT
PART: ________ COUNTY: ____________
________
PEOPLE OF THE STATE OF NEW YORK
Indictment No. ____________
vs. Crime Charged:
________
Defendant
________
Present:
Honorable ____________
Justice of the Supreme Court
Judge of the County Court
The above-named defendant having been found
					 not responsible by reason of mental disease or defect by verdict (C PL 300.10,
					 subd. 4[d])
by plea (C PL 220.15)
And, this court having issued an examination
					 order on [date] ________ pursuant to the provisions of subdivision 2 of C PL
					 330.20 requiring that the above-named defendant submit to a psychiatric
					 examination to determine whether the said defendant has a dangerous mental
					 disorder, or if he she does not have a dangerous mental disorder, whether the
					 said defendant is mentally ill,
And, the Commissioner of Mental Health
					 having submitted to this court the examination reports required by subdivision
					 5 of C PL 330.20,
And, the court having conducted the initial
					 hearing required by subdivision 6 of C PL 330.20 to determine the present
					 mental condition of the above-named defendant,
And, due deliberation thereon having been
					 had,
And, the court having found that the
					 above-named defendant does not currently suffer from a dangerous mental
					 disorder, as that term is defined in paragraph (c) of subdivision 1 of C PL
					 330.20,
And, the court having found that the
					 above-named defendant is not mentally ill, as that term is defined in paragraph
					 (d) of subdivision 1 of C PL 330.20,
It is hereby
ORDERED that the above-named defendant is
					 discharged unconditionally pursuant to the provisions of subdivision 7 of C PL
					 330.20.
Dated: ________
____________
Justice of the Supreme Court
Judge of the County Court
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle D - Forms › Chapter II - Cpl Section 330.20 Forms › Forms (cf. Part 110) › Form E - Order discharging defendant subject to order of conditions

Current through Register Vol. 46, No. 28, July
				  10, 2024
FORM E
ORDER DISCHARGING DEFENDANT
SUBJECT TO AN ORDER OF CONDITIONS
STATE OF NEW YORK
SUPREME COURT COUNTY COURT
PART: ________ COUNTY: ____________
________
PEOPLE OF THE STATE OF NEW YORK
Indictment No. ____________
vs. Crime Charged:
________
Defendant
________
Present:
Honorable ____________
Justice of the Supreme Court
Judge of the County Court
The above-named defendant having been found
					 not responsible by reason of mental disease or defect by verdict (C PL 300.10,
					 subd. 4[d])
by plea (C PL 220.15)
And, this court having issued an examination
					 order on [date] ________ pursuant to the provisions of subdivision 2 of C PL
					 330.20 requiring that the above-named defendant submit to a psychiatric
					 examination to determine whether the said defendant has a dangerous mental
					 disorder, or if he she does not have a dangerous mental disorder, whether the
					 said defendant is mentally ill,
And, the Commissioner of Mental Health
					 having submitted to this court the examination reports required by subdivision
					 5 of C PL 330.20,
And, the court having conducted the initial
					 hearing required by subdivision 6 of C PL 330.20 to determine the present
					 mental condition of the above-named defendant,
And, due deliberation thereon having been
					 had,
And, the court having found that the
					 above-named defendant does not currently suffer from a dangerous mental
					 disorder, as that term is defined in paragraph (c) of subdivision 1 of C PL
					 330.20,
And, the court having found that the
					 above-named defendant is not mentally ill, as that term is defined in paragraph
					 (d) of subdivision 1 of C PL 330.20,
It is hereby
ORDERED that the above-named defendant is
					 discharged pursuant to the provisions of subdivision 7 of C PL 330.20 but
					 subject to the order of conditions issued by this court on this date.
Dated: ________
____________
Justice of the Supreme Court
Judge of the County Court
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle D - Forms › Chapter II - Cpl Section 330.20 Forms › Forms (cf. Part 110) › Form G - Commitment order

Current through Register Vol. 46, No. 28, July
				  10, 2024
FORM G
COMMITMENT ORDER
STATE OF NEW YORK
SUPREME COURT COUNTY COURT
PART: ________ COUNTY: ____________
________
PEOPLE OF THE STATE OF NEW YORK
Indictment No. ____________
vs. Crime Charged:
________
Defendant
________
Present:
Honorable ____________
Justice of the Supreme Court
Judge of the County Court
The above-named defendant having been found
					 not responsible by reason of mental disease or defect by verdict (C PL 300.10,
					 subd. 4[d])
by plea (C PL 220.15)
And, this court having issued an examination
					 order on [date] ________ pursuant to the provisions of subdivision 2 of C PL
					 330.20 requiring that the above-named defendant submit to a psychiatric
					 examination to determine whether the said defendant has a dangerous mental
					 disorder,
And, the Commissioner of Mental Health
					 having submitted to this court the examination reports required by subdivision
					 5 of C PL 330.20,
And, the court having conducted the initial
					 hearing required by subdivision 6 of C PL 330.20 to determine the present
					 mental condition of the above-named defendant,
And, due deliberation thereon having been
					 had, and upon reading and filing the decision of the court,
And, the court having found that the
					 above-named defendant currently suffers from a dangerous mental disorder, as
					 that term is defined in paragraph (c) of subdivision 1 of C PL 330.20,
It is hereby
ORDERED that the above-named defendant is
					 committed to the custody of the Commissioner of Mental Health for confinement
					 in a secure facility to be designated by the said Commissioner for care and
					 treatment for six months from the date of this order and it is further
ORDERED that the
Commissioner of Correction for the City of
					 New York
Sheriff of ________ County
Commissioner of Correction for
					 ________
shall hold the above-named defendant in
					 custody pending the aforesaid designation by the State Commissioner of Mental
					 Health and when notified of the designation shall promptly deliver the said
					 defendant to such facility.
Dated: ________
____________
Justice of the Supreme Court
Judge of the County Court
Designation of Secure Facility:
The State Commissioner of Mental Health has
					 designated the following secure facility referred to in this order as the place
					 for the confinement of the above-named defendant:
____________
The authority for designating the
					 above-named secure facility is: ____________
____________.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle D - Forms › Chapter II - Cpl Section 330.20 Forms › Forms (cf. Part 110) › Form CPL 018 - Order for commitment of defendant acquitted by reason of mental disease or defect

Current through Register Vol. 46, No. 28, July
				  10, 2024
FORM C PL 018 (4-72)
ORDER FOR COMMITMENT OF DEFENDANT
ACQUITTED BY REASON OF
MENTAL DISEASE OR DEFECT
(C.P.L. Section 330.20)
STATE OF NEW YORK
____________ COURT
COUNTY OF ____________
____________
________
The People of the State of New York ORDER
					 FOR COMMITMENT
OF DEFENDANT ACQUITTED
vs BY REASON OF MENTAL
DISEASE OF DEFECT
________ Indictment No. ________
Defendant
________
The above named defendant ________ having
					 been acquitted by reason of mental disease or defect or defect pursuant to
					 Section
					 330.20 of the Criminal Procedure Law of
					 the crime of ________ and now being in confinement in ________ under the
					 jurisdiction of ____________
(Enter: County Sheriff or
N. Y.C. Commissioner of
Correction.)
NOW, on motion of ________, it is
ORDERED, that the said ________ be committed
					 to the custody of the Commissioner of Mental Hygiene to be placed in an
					 appropriate institution in the Department of Mental Hygiene, there to be safely
					 kept in custody and detained until further order of the court, and it is
ORDERED, that the defendant be continued in
					 detention at ________ pending designation of an appropriate institution by the
					 Commissioner of Mental Hygiene, and upon notice by the Commissioner of Mental
					 Hygiene of the designated institution be delivered by ____________
(Enter: County Sheriff or N.Y.C.
					 Commissioner of Correction)
to such designated institution.
Dated ________
_________
[Signature]