reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 1015 - Attorneys › Section 1015.4 - Deposit of infants' funds; withdrawals; accounting

Current
						  through Register Vol. 46, No. 28, July 10, 2024
(a) Except as otherwise provided by CPLR 1206
						  or in proceedings governed by article 17 of the Surrogate's Court Procedure
						  Act, any sum collected by an attorney as a result of a claim or demand
						  belonging to or on behalf of an infant shall be deposited in a fiduciary
						  account in the name of the attorney as fiduciary for the infant. A statement of
						  the amount received and deposited shall be served personally or by mail upon
						  the infant's guardian.
(b) The
						  attorney shall not retain, withhold or withdraw any portion of the amount
						  collected or recovered as compensation or reimbursement of disbursements except
						  as authorized by an order of a court, as provided in section
						  474 of the
						  Judiciary Law.
(c) Infants' funds
						  shall not be withdrawn except by court order. A petition for the withdrawal of
						  such funds shall comply with CPLR 1211 and in addition contain:
(1) an explanation of the purpose of
						  withdrawal;
(2) an estimate of the
						  cost of the proposed expenditure;
(3) the date and amounts of the recovery both
						  by the infant and the parent, if any;
(4) the nature of the infants' injuries and
						  his present state of health; and
(5) any other facts material to the
						  application.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 1015 - Attorneys › Section 1015.5 - Obligation of attorneys to expedite court cases

Current through
						  Register Vol. 46, No. 28, July 10, 2024
Attorneys representing any party or client in any
							 criminal or civil court proceeding shall arrange their affairs so as to give
							 preference to such court cases, and shall be diligent to assure the earliest
							 disposition consistent with the interest of the client. To this end attorneys
							 shall be punctual at all scheduled appearances or meetings and cooperate with
							 the court and their adversaries to schedule the disposition of cases in the
							 order of their ages.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 1015 - Attorneys › Section 1015.6 - Admission pro hac vice

Current through Register Vol. 46, No. 28,
						  July 10, 2024
(a)
						  Applications for admission
pro hac vice
with respect to an
						  appeal or proceeding pending in the Appellate Division, Fourth Department shall
						  be made pursuant to section
						  1250.4(e) of this
						  Title.
(b) Applications for
						  admission
pro hac vice
pursuant to section
						  520.11(a)(2) or
						  (b) of this Title shall be made only to the
						  Appellate Division.
(c) All other
						  applications for admission
pro hac vice
in any court within
						  the Fourth Judicial Department shall be made to the court of record in which
						  the attorney seeks such admission and shall otherwise comply with section
						  520.11 of this Title, the rules of
						  the court in which the application is made, and any other applicable law or
						  rule.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 1015 - Attorneys › Section 1015.8 - Duties of counsel in Family Court and Surrogate's Court

Current
						  through Register Vol. 46, No. 28, July 10, 2024
(a) This rule applies in proceedings
						  commenced pursuant to Family Court Act, articles 3, 7 and 10 and article 6 part
						  1, and Social Services Law, sections 358-a, 384-b and 392 (see Family Court
						  Act, section 1121).
(b) Counsel
						  assigned to or retained by a party and the attorney for the child in an
						  applicable proceeding shall represent the client until the matter is terminated
						  by the entry of an order. Upon the entry of an order, it shall be the duty of
						  counsel promptly to advise the parties of the right to appeal to the Appellate
						  Division or to make a motion for permission to appeal. In the written notice,
						  counsel shall set forth: the time limitations applicable to taking an appeal or
						  moving for permission to appeal; the possible reasons upon which an appeal may
						  be based; the nature and possible consequences of the appellate process; the
						  manner of instituting an appeal or moving for permission to appeal; the
						  procedure for obtaining a transcript of testimony, if any; and the right to
						  apply for permission to proceed as a poor person.
(c) When a party or the attorney for the
						  child determines to appeal or to move for permission to appeal, counsel or the
						  attorney for the child shall serve the notice of appeal or motion for
						  permission and shall file the notice of appeal or motion for permission with
						  proof of service on or an admission of service by the opposing parties,
						  including the attorney for the child when an attorney for the child has been
						  appointed.
(d) Except when counsel
						  has been retained to prosecute the appeal, the notice of appeal may include the
						  statement that it is being filed and served on behalf of appellant pursuant to
						  subdivision (c) of this section and that it shall not be deemed an appearance
						  by counsel as counsel for appellant on the appeal.
(e) When a party has indicated a desire to
						  appeal, counsel shall, when appropriate, move for permission to proceed as a
						  poor person and assignment of counsel pursuant to sections
						  1000.14(f)  and
						  1250.4(d) of this
						  Title.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 1015 - Attorneys › Section 1015.9 - Compensation of attorneys assigned as defense counsel

Current through
						  Register Vol. 46, No. 28, July 10, 2024
(a) No attorney assigned as defense counsel
						  in a criminal case shall demand, accept, receive or agree to accept any
						  payment, gratuity or reward, or any promise of payment, gratuity, reward, thing
						  of value or personal advantage from the client or any other person in relation
						  to the matter, except as expressly authorized by statute or by written order of
						  a court.
(b) All vouchers submitted
						  by attorneys, psychiatrists or physicians, pursuant to section
						  35 of the
						  Judiciary Law and section
						  722
						  (b) of the County Law in which the
						  compensation sought exceeds the statutory limits shall be submitted to the
						  judge or justice before whom the matter was heard for approval or modification.
						  The attorney, psychiatrist or physician shall attach thereto an affidavit
						  describing the unusual or extraordinary circumstances which warrant the
						  additional fee. Time itself does not necessarily constitute an extraordinary
						  circumstance.
(c) A judge or
						  justice approving such a fee, shall certify that the circumstances are unusual
						  or extraordinary and that therefore a fee in excess of the statutory limit has
						  been earned and the amount thereof. Such certification shall state
						  circumstances, other than additional time, which justify the fee recommended.
						  In the absence of either the attorney's affidavit or the court's certification,
						  additional compensation shall not be allowed.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 1015 - Attorneys › Section 1015.10 - Combining or grouping of claims

Current through Register Vol. 46,
						  No. 28, July 10, 2024
No attorney for a plaintiff or claimant shall for
							 purposes of settlement or payment combine or group two or more unrelated claims
							 or causes of action on behalf of clients and each such claim or cause of action
							 shall be settled or paid independently on its own merit. No attorney for a
							 defendant shall participate in the settlement of claims or causes of action
							 combined or grouped in violation of this section.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 1015 - Attorneys › Section 1015.11 - Gratuities to public employees

Current through Register Vol. 46,
						  No. 28, July 10, 2024
No attorney shall give any gift or gratuity to any
							 employee of any court or other governmental agency with which such attorney has
							 had or is likely to have any professional or official transaction.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 1015 - Attorneys › Section 1015.12 - Practice of law by nonjudicial personnel

Current through Register
						  Vol. 46, No. 28, July 10, 2024
(a)
Attorney employed full-time in the
						  unified court system.
An attorney employed full-time as determined by the
							 time and leave program of the director of administration who is a law secretary
							 to an Appellate Division Justice or confidential clerk or deputy confidential
							 clerk to a Supreme Court Justice or an employee of the Office of Court
							 Administration or of the Appellate Division shall not participate, directly or
							 indirectly, as attorney or counsel in any action or proceeding pending before
							 any court or any administrative board, agency, committee or commission of any
							 government, or in the preparation or subscription of briefs, papers or
							 documents pertaining thereto. Subject to the approval of a Justice of the
							 Appellate Division in each case, such an attorney may participate as attorney
							 or counsel in noncontested matters in the Surrogate's Court, noncontested
							 accountings in the Supreme Court, or other
ex parte
applications not preliminary or incidental to litigated or contested
							 matters.
(b)
Attorney
						  employed part-time as a confidential clerk or deputy confidential clerk to a
						  Supreme Court Justice or law secretary to an Appellate Division Justice.
An attorney who is employed part-time, as defined by
							 the time and leave program of the director of administration, as a confidential
							 clerk or deputy confidential clerk to a Supreme Court Justice or law secretary
							 to an Appellate Division Justice shall not appear as attorney or counsel in any
							 action or proceeding pending in the Supreme Court or a County Court, nor shall
							 the attorney indorse papers or documents pertaining thereto. The attorney may
							 engage in any other practice of law which is compatible with and would not
							 reflect adversely upon the performance of the duties of the attorney. No
							 partner or associate of the attorney employed as part-time confidential clerk
							 or deputy confidential clerk or law secretary shall practice law before the
							 Justice by whom the attorney is employed.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 1015 - Attorneys › Section 1015.13 - Nondisciplinary appointment of attorney to protect clients

Current
						  through Register Vol. 46, No. 28, July 10, 2024
(a)
Incapacitation or death.
When an attorney who is not the subject of a
							 disciplinary investigation or proceeding is unable to practice law, is deceased
							 or is otherwise unable to adequately protect the interests of clients, the
							 Appellate Division may appoint one or more attorneys to take possession of the
							 attorney's files, examine the files, advise the clients to secure another
							 attorney or take any other action necessary to protect the client's
							 interests.
(b)
Report
						  to court.
An attorney appointed pursuant to this section shall
							 file, within 30 days of the order of appointment or any other time period set
							 by the Appellate Division, a status report, which shall include the name and
							 address of each client and the disposition of each client's
							 file.
(c)
Compensation.
The Appellate Division may fix the compensation of
							 any attorney appointed pursuant to subdivision (a) of this section, and may
							 direct that compensation shall be a cost of any underlying estate or
							 incapacitation proceeding.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 1015 - Attorneys › Section 1015.14 - Responsibilities of retired attorneys

Current through Register Vol.
						  46, No. 28, July 10, 2024
(a) An attorney shall, at least 60 days prior
						  to retirement from the practice of law, notify by certified mail, return
						  receipt requested, each client and the attorney for each adverse party in any
						  pending matter involving the client, that the attorney is retiring and shall
						  advise each client to secure another attorney. The attorney shall in each such
						  notice advise the client whether the attorney possesses or controls money or
						  property in which the client has an interest and, if so, the attorney shall
						  specify the amount of funds or nature of such property and the current location
						  of the money or property. The attorney shall also, with respect to each matter
						  in which a retainer statement has been filed with the Office of Court
						  Administration, notify the Office of Court Administration that the attorney is
						  retiring.
(b) In the event that a
						  retired attorney fails to comply with subdivision (a) of this section, the
						  Appellate Division may appoint an attorney to take possession of the retired
						  attorney's files, examine the files, advise the clients to secure another
						  attorney or take any other action necessary to protect the clients' interest.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 1015 - Attorneys › Section 1015.15 - Contingent fees in claims and actions for personal injury and wrongful death

Current through Register Vol. 46, No. 28, July 10,
						  2024
(a) In any claim or
						  action for personal injury or wrongful death, other than one alleging medical,
						  dental or podiatric malpractice, whether determined by judgment or settlement,
						  in which the compensation of claimant's or plaintiffs attorney is contingent,
						  that is, dependent in whole or in part upon the amount of the recovery, the
						  receipt, retention or sharing by such attorney, pursuant to agreement or
						  otherwise, of compensation which is equal to or less than that contained in any
						  schedule of fees adopted by this department is deemed to be fair and
						  reasonable. Unless authorized by a written order of a court as hereinafter
						  provided, the receipt, retention or sharing of compensation which is in excess
						  of such scheduled fees shall constitute the exaction of unreasonable and
						  unconscionable compensation in violation of the applicable provisions of the
						  Rules of Professional Conduct (section 1200.0 of this Title) or, with respect
						  to conduct before April 1, 2009, the former Code of Professional
						  Responsibility.
(b) The following
						  is the schedule of reasonable fees referred to in subdivision (a) of this
						  section, either:
SCHEDULE A
(1) 50 percent on the first $1,000 of the sum
						  recovered;
(2) 40 percent on the
						  next $2,000 of the sum recovered;
(3) 35 percent on the next $22,000 of the sum
						  recovered;
(4) 25 percent on any
						  amount over $25,000 of the sum recovered; or
SCHEDULE B
A percentage not exceeding 33 &" percent of the
							 sum recovered, if the initial contractual arrangement between the client and
							 the attorney so provides, in which event the procedure hereinafter provided for
							 making application for additional compensation because of extraordinary
							 circumstances shall not apply.
Compensation of claimant's or plaintiffs attorney for
							 services rendered in claims or actions for personal injury alleging medical,
							 dental or podiatric malpractice shall be computed pursuant to the fee schedule
							 contained in Judiciary Law, section 474-a.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 1015 - Attorneys › Section 1015.16 - Examiners of reports of guardians, committees and conservators pursuant to article 81 of the Mental Hygiene Law

Current through Register Vol. 46,
						  No. 28, July 10, 2024
(a)
Appointment of court
						  examiners.
(1) Appointment. On or
						  before September 1st of each year, the presiding justice shall appoint, for
						  each county within the Appellate Division, Fourth Department, examiners of the
						  reports of guardians, as well as the reports of committees and conservators
						  appointed prior to April 1, 1993.
(2) Eligibility.
(i) Only persons who have satisfied training
						  and education requirements approved by the presiding justice shall be appointed
						  as court examiners.
(ii) Court
						  examiners shall maintain compliance with Part 36 of this Title.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 1015 - Attorneys › Section 1015.19 - Compensation of attorneys representing claimants against Lawyer's Fund for Client Protection

Current through Register Vol. 46, No. 28,
						  July 10, 2024
No attorney shall charge a fee for or accept
							 compensation for representation of claimants against the Lawyer's Fund for
							 Client Protection, except as approved by the trustees of the fund.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 1020 - INDIGENT CRIMINAL APPEALS MANAGEMENT PROGRAM › Section 1020.1 - Application and definitions

Current through Register Vol. 46, No. 28,
						  July 10, 2024
This Part serves as a supplement to, and must be read
							 in conjunction with, the Rules of the Appellate Division, All Departments Part
							 1240 - Rules for Attorney Disciplinary Matters of this Title. In the event of a
							 conflict, Part 1240 of this Title shall control. This Part incorporates the
							 definitions set forth in section
							 1240.2 of this Title. Unless
							 otherwise specified, any reference herein to "the Court" or "the Appellate
							 Division" refers to the Appellate Division, Fourth Department.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 1020 - INDIGENT CRIMINAL APPEALS MANAGEMENT PROGRAM › Section 1020.2 - Fourth Judicial Department grievance plan

Current through Register
						  Vol. 46, No. 28, July 10, 2024
In addition to section
							 1240.4 of this Title concerning
							 appointment and composition of grievance committees, grievance committees in
							 the Fourth Judicial Department are subject to the following provisions:
(a) There shall be an attorney grievance
						  committee for each judicial district in the Fourth Judicial Department. There
						  shall be at least one member from each county in each judicial
						  district.
(b) The Appellate
						  Division shall appoint the members of the committees, after consultation with
						  the presidents of the county bar associations. A chairperson of each committee
						  shall be appointed by the presiding justice. An appointment shall be for a term
						  of three years. A member who has completed two consecutive three-year terms
						  shall not be eligible for reappointment until three years after the expiration
						  of the second term. Vacancies on a committee shall be filled for the remainder
						  of the unexpired term. Each committee shall be composed of 21 members,
						  including no fewer than three nonlawyers. All members of a committee shall
						  reside or maintain an office within the geographic jurisdiction of the
						  respective judicial district.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 1020 - INDIGENT CRIMINAL APPEALS MANAGEMENT PROGRAM › Section 1020.3 - Duties and authority of attorney grievance committees

Current
						  through Register Vol. 46, No. 28, July 10, 2024
Attorney grievance committees in the Fourth Judicial
							 Department shall:
(a) consider and
						  investigate all matters involving allegations of professional misconduct by any
						  person or firm covered by section
						  1240.1 of this Title;
(b) supervise staff attorneys in the
						  performance of their duties before the committee;
(c) appoint sub-committees to assist in
						  investigations when necessary and appropriate;
(d) authorize the chief attorney to commence
						  a proceeding in the Appellate Division when the public interest requires prompt
						  action or when such proceeding is otherwise permitted under law or the rules of
						  the court; and
(e) maintain and
						  provide to the Appellate Division statistical reports, in a form approved by
						  the court, summarizing the processing and disposition of all matters before the
						  committee.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 1020 - INDIGENT CRIMINAL APPEALS MANAGEMENT PROGRAM › Section 1020.4 - Staff of attorney grievance committees

Current through
						  Register Vol. 46, No. 28, July 10, 2024
The attorney grievance committees of the Fourth
							 Judicial Department shall maintain a legal staff, which shall include a chief
							 attorney and such staff attorney positions as may be provided for in the State
							 budget. Staff attorneys and the chief attorney shall be appointed by the
							 Appellate Division. Staff attorneys and the chief attorney shall reside within
							 the Fourth Department. The chief attorney may hire, subject to the approval of
							 the Appellate Division, investigative and clerical staff as provided for in the
							 State budget.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 1020 - INDIGENT CRIMINAL APPEALS MANAGEMENT PROGRAM › Section 1020.5 - Duties and authority of legal staff

Current through Register
						  Vol. 46, No. 28, July 10, 2024
Investigation of all complaints shall be initiated
							 and conducted by the chief attorney, with such assistance from the staff
							 attorneys as deemed necessary by the chief attorney. Such investigations shall
							 be conducted in accordance with the provisions of section
							 1240.7 of this Title, and subject
							 to the following provisions:
(a) in
						  the event the chief attorney directs a respondent to submit to a committee a
						  written response to a complaint, pursuant to section
						  1240.7(b)(2) of
						  this Title, the chief attorney shall afford the respondent at least 14 days
						  written notice to do so;
(b) the
						  chief attorney has discretion at any time during an investigation or proceeding
						  to provide to the complainant a copy of the respondent's written response to
						  the complaint;
(c) in the event the
						  chief attorney directs a respondent to appear before the chief attorney or a
						  staff attorney for a formal interview or examination under oath, or to produce
						  records, pursuant to section
						  1240.7(b)(2) of
						  this Title, the chief attorney shall afford the respondent at least 14 days
						  written notice to do so;
(d) in the
						  event the chief attorney applies to the clerk of the court for a judicial
						  subpoena to compel the attendance of a person as a witness or the production of
						  relevant books and papers, pursuant to section
						  1240.7(b)(3) of
						  this Title, the application shall be supported by sufficient facts to
						  demonstrate that the testimony or books and papers specified in the proposed
						  subpoena are relevant to matters under investigation and are necessary for the
						  proper disposition of a complaint. The application shall also establish that a
						  judicial subpoena is necessary to obtain such testimony or books and papers and
						  that other potential sources of the information, or the means to obtain the
						  information, are either impractical or unavailable; and
(e) when a committee or the chief attorney
						  has determined that a complaint is suitable for review by a county or local bar
						  association, pursuant to section
						  1240.7(d) of this
						  Title, the chief attorney may refer the complaint, upon notice to the
						  respondent and the complainant, to an appropriate committee of the local bar
						  association for disposition, in accordance with section
						  1020.6 of this Part.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 1020 - INDIGENT CRIMINAL APPEALS MANAGEMENT PROGRAM › Section 1020.6 - Duties and authority of county and local bar associations

Current through Register Vol. 46, No. 28, July 10,
						  2024
(a) A county or
						  local bar association may review, investigate and dispose of a complaint
						  involving allegations of minor delay that resulted in no permanent harm to the
						  client, fee disputes, personality conflicts between attorney and client, or
						  other minor matters that, in the discretion of a committee or the chief
						  attorney, do not warrant action by a committee or the Appellate Division,
						  subject to the following provisions:
(1) When
						  a complaint is submitted directly to a bar association by a complainant, the
						  bar association shall provide to the chief attorney, within 20 days of receipt
						  of the complaint, a report in a form prescribed by the chief attorney, a copy
						  of the complaint, and any other relevant correspondence.
(2) When a bar association retains
						  jurisdiction over a complaint after notifying the chief attorney as required by
						  paragraph (1) of this subdivision, or where a complaint is referred to the bar
						  association by the chief attorney pursuant to section
						  1020.5(e) of this
						  Part, the association shall, within 60 days of the date of receipt of the
						  complaint, complete its investigation and forward to the chief attorney the
						  file, along with a status report in a form prescribed by the chief attorney.
						  When the bar association has not reached a determination resolving the
						  complaint within the 60-day period, the committee may assume jurisdiction of
						  the matter by providing written notice to the bar association. The association
						  may make a written request to the chief attorney for an extension of the 60-day
						  period.
(3) A complaint received by
						  a bar association that involves a matter other than a minor delay, fee dispute
						  or personality conflict shall be forwarded to the chief attorney as soon as
						  possible and in no event more than 20 days after receipt thereof.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 1020 - INDIGENT CRIMINAL APPEALS MANAGEMENT PROGRAM › Section 1020.7 - Authorization to file charges of misconduct in the Appellate Division

Current through Register Vol. 46, No. 28, July 10,
						  2024
The chief attorney may recommend to the committee
							 that disciplinary proceedings be commenced in the Appellate Division asserting
							 charges of professional misconduct against a respondent when there is probable
							 cause to believe that the respondent has committed professional misconduct
							 within the meaning of section
							 1240.2 of this Title. The chief
							 attorney shall present the matter to the committee along with a written
							 recommendation setting forth an outline of proposed charges and citing any rule
							 or other standard that forms the basis thereof, a copy of which shall be
							 provided to the respondent. The respondent shall have the right to appear
							 before the committee. and to be heard in response to the recommendation of the
							 chief attorney. After the respondent has been afforded an opportunity to be
							 heard, the committee may vote to authorize charges of misconduct against the
							 respondent, pursuant to section
							 1240.7(d)(2)(vi)
							 of this Title.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 1020 - INDIGENT CRIMINAL APPEALS MANAGEMENT PROGRAM › Section 1020.9 - Conduct of disbarred or suspended attorneys

Current through
						  Register Vol. 46, No. 28, July 10, 2024
A respondent suspended or disbarred from the practice
							 of law by order of the Appellate Division, Fourth Department shall comply with
							 section 1240.15 of this Title, including
							 the filing of an affidavit in the form prescribed therein, together with proof
							 that a copy of the affidavit was served on counsel to the committee.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 1020 - INDIGENT CRIMINAL APPEALS MANAGEMENT PROGRAM › Section 1020.10 - Reinstatement of attorneys suspended for failing to comply with registration requirements

Current through Register Vol. 46, No.
						  28, July 10, 2024
A respondent who by order of the court was suspended
							 from the practice of law following a proceeding based solely on allegations
							 that the respondent failed to comply with attorney registration requirements or
							 failed to pay attorney registration fees, pursuant to Judiciary Law section
							 468-a, may apply for reinstatement at any time by filing an affidavit in the
							 form prescribed in section
							 1240.16(d) of
							 this Title and upon proof that the applicant has since complied with such
							 registration requirements, including payment of all required registration fees.
							 The application must additionally include a check payable to the Appellate
							 Division, Fourth Department, in the amount of $45 in payment of the motion
							 fee.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 1020 - INDIGENT CRIMINAL APPEALS MANAGEMENT PROGRAM › Section 1020.11 - Diversion to a monitoring program

Current through Register Vol. 46,
						  No. 28, July 10, 2024
When a respondent, in defense or mitigation of any
							 allegation of professional misconduct, raises alcohol or substance abuse or
							 other mental or physical health issues, any party may apply to the court for an
							 order diverting the respondent to a monitoring program to address such issue or
							 issues, pursuant to section
							 1240.11 of this Title. Any such
							 application shall be supported by proof that the respondent has entered into a
							 monitoring program with the New York State Bar Association Lawyer Assistance
							 Program or an equivalent program approved by the court in advance of the filing
							 of the motion. Approval of an equivalent program must be sought by written
							 request to the court, copied to the chief attorney, setting forth the terms and
							 requirements of the proposed equivalent program and the identity of the
							 proposed monitor. The application must also be accompanied by a check payable
							 to the Appellate Division, Fourth Department, in the amount of $45 in payment
							 of the motion fee.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 1020 - INDIGENT CRIMINAL APPEALS MANAGEMENT PROGRAM › Section 1020.12 - Investigations of persons or parties unlawfully practicing or assuming to practice law

Current through Register Vol. 46, No. 28, July
						  10, 2024
(a) A bar
						  association recognized in a county within the Fourth Department or a committee
						  thereof engaged in an investigation into the alleged unlawful practice of law
						  or the subject of such an investigation may apply to this court for the
						  issuance of a subpoena directing the attendance of witnesses or the production
						  of books, papers and records before the association or a committee thereof. The
						  application shall establish that the specified testimony or books, papers and
						  records are relevant to the inquiry of the bar association and that other
						  potential sources of the information, or the means to obtain the information,
						  are either impractical or unavailable. Subpoenas shall be issued by the clerk
						  of the court in the name of the presiding justice upon a determination that
						  there is reasonable cause to believe that a person, firm, corporation or other
						  organization is unlawfully practicing law or assuming to practice law or is
						  engaged in any business or activity that may involve the unlawful practice of
						  law.
(b) The party who requested
						  the subpoena is authorized to take and cause to be transcribed testimony under
						  oath upon the attendance of a witness pursuant to a subpoena issued under this
						  Part.
(c) Upon a finding by an
						  association or committee that there is probable cause to believe that the
						  subject of the investigation has engaged in the unlawful practice of law, the
						  association or committee may refer the matter and disclose the results of the
						  investigation to a law enforcement agency or official with jurisdiction over
						  the matter.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 1020 - INDIGENT CRIMINAL APPEALS MANAGEMENT PROGRAM › Section 1020.13 - Application to unseal attorney disciplinary records or for access to closed disciplinary proceedings

Current through Register Vol. 46, No. 28,
						  July 10, 2024
An application for an order unsealing attorney
							 disciplinary records or for access to closed disciplinary proceedings made
							 pursuant to Judiciary Law section 90(10) or section
							 1240.18(d) of
							 this Title shall consist of a notice of motion and supporting papers filed in
							 accordance with section
							 1020.8(h) of this
							 Part and shall be on notice to the chief attorney and the subject attorney,
							 unless the application requests, and the presiding justice approves, dispensing
							 with such service.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 1021 - Indigent Criminal Appeals Management Program › Section 1021.1 - Establishment of program; goals

Current through Register Vol. 46, No.
						  28, July 10, 2024
(a) An Indigent Criminal Appeals
						  Management Program is hereby established to oversee and monitor the assigned
						  counsel program in the Fourth Judicial Department and to improve the delivery
						  of services of assigned appellate counsel to indigent criminal defendants.
(1) It shall be the goal of
						  the program to implement such improvements in the operation and staffs of the
						  legal aid and public defender offices in the Fourth Department so that existing
						  backlogs are eliminated and appeals assigned to such offices are perfected
						  promptly.
(2) It
						  shall be a goal of the program to implement such improvements in the operation
						  of the assigned counsel plans in the Fourth Department so that a disposition is
						  made on all appeals previously assigned to private attorneys participating in
						  such plans and so that future appeals so assigned are perfected
						  promptly.
(3) To
						  assure that these goals are met it shall be the duty of all assigned counsel,
						  including the public defender and legal aid offices, to perfect appeals within
						  a deadline of 120 days after the receipt of the transcripts unless that
						  deadline is extended for good cause shown upon application to the associate
						  justice assigned to chair the council in the appropriate judicial district.
						  Notwithstanding the foregoing, the associate justice assigned to chair such
						  council may set a different deadline for any particular appeal.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 1021 - Indigent Criminal Appeals Management Program › Section 1021.2 - Council members as volunteers

Current through Register Vol. 46, No.
						  28, July 10, 2024
Members of the Indigent Criminal
							 Appeals Councils, as volunteers, are expressly authorized to participate in a
							 State-sponsored volunteer program within the meaning of subdivision 1 of
							 section
							 17 of the
							 Public Officers Law.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 1023 - Mental Health Information Services › Section 1023.1 - Definitions

Current through Register Vol. 46, No. 28, July 10,
						  2024
Except as otherwise appears herein,
							 whenever used in this Part, any term defined in Mental Hygiene Law, section
							 1.03 shall have the meanings set forth therein and, in addition, the following
							 terms shall have the following meanings:
(a) Service means the Mental Hygiene
						  Legal Service.
(b)
						  Director means the head of the service referred to in Mental Hygiene Law,
						  section 47.01 or his/her duly authorized designee.
(c) Court shall mean Supreme
						  Court, County Court or Surrogate's Court.
(d) Patient shall mean a person
						  residing in a facility for the mentally disabled which is licensed or operated
						  by the Department of Mental Hygiene or the Department of Correctional Services,
						  or a person residing in any other place for whom the service has been appointed
						  counsel or court evaluator pursuant to Mental Hygiene Law article 81.
(e) Guardian shall mean a
						  person or entity appointed as a guardian, standby guardian or limited guardian
						  as provided in Surrogate's Court Procedure Act article 17-A or Mental Hygiene
						  Law article 81.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 1023 - Mental Health Information Services › Section 1023.3 - Guardian and court evaluator

Current through Register Vol. 46, No.
						  28, July 10, 2024
In any proceeding before the court
							 involving a patient, the court may appoint the director as guardian ad litem or
							 court evaluator consistent with, and within the scope of, the director's
							 statutory duties, except when the director advises the court that such
							 appointment would create a conflict of interest with the director's duties as
							 counsel pursuant to section
							 1023.2 of this
							 Part.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 1023 - Mental Health Information Services › Section 1023.4 - Additional psychiatric, psychological, medical or expert opinion

Current through Register Vol. 46, No. 28, July 10,
						  2024
(a)
						  Pursuant to Judiciary Law section 35 or any other statute, rule or regulation
						  providing for additional opinion the director shall assist in obtaining,
						  through a panel or otherwise, such additional opinion.
(b) No psychiatrist,
						  psychologist, physician or other expert shall be appointed by the court if he
						  or she is disqualified under provisions of the Mental Hygiene Law or if he or
						  she is employed at the institution in which the patient is hospitalized or
						  residing or to which the patient may be transferred as a result of the
						  proceeding in which the expert is to render his or her opinion.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 1023 - Mental Health Information Services › Section 1023.5 - Review of proposed transfer of patient or of changes of status of patients

Current through Register Vol. 46, No. 28,
						  July 10, 2024
(a) In every case in which it is
						  proposed to transfer a patient from one facility to another facility or to
						  change his or her admission status to another, the director shall review the
						  proposed transfer or change in status.
(b) In any such case, the director, in
						  his or her discretion, may request a hearing on behalf of the
						  patient.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 1023 - Mental Health Information Services › Section 1023.6 - Fees

Current through Register Vol. 46, No. 28, July 10,
						  2024
(a)
						  When authorized by statute the director may request that the court award the
						  service a reasonable fee.
(b) The director's requests for fees
						  for the services of attorneys shall not exceed the hourly rates of compensation
						  set forth in section
						  35 of the
						  Judiciary Law; and the director's request for fees for the services of non-
						  lawyer professionals shall not exceed the hourly rate of compensation set forth
						  in the Unified Court System's compensation rate guidelines for court-appointed
						  non-lawyer professionals.
(c) Fees awarded the service shall be
						  maintained and dispensed in accordance with law.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 1023 - Mental Health Information Services › Section 1023.7 - Records to be confidential

Current through Register Vol. 46, No. 28,
						  July 10, 2024
(a) All records and files of the
						  director in any proceedings covered by this Part shall be
						  confidential.
(b)
						  All such records and files of the director may be exhibited only at the
						  discretion of the director or upon order of the court.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 1028 - Medical Malpractice Panels › Section 1028.1 - Medical malpractice panel established

Current through Register
						  Vol. 46, No. 28, July 10, 2024
(a) There is hereby established in the
						  Seventh and Eighth Judicial Districts of the Fourth Department a medical
						  malpractice panel to facilitate the disposition of medical malpractice actions
						  in the Supreme Court, and a separate malpractice panel in each of said judicial
						  districts for actions against podiatrists in the Supreme Court.
(b) The presiding justice of
						  the Appellate Division, or a designee of the presiding justice, with the
						  assistance of the Medical Society of the State of New York, county medical
						  societies, or the New York Academy of Medicine, shall prepare a list or lists
						  of physicians regularly admitted to practice medicine in the State of New York,
						  divided into lists of physicians according to the particular specialty of each,
						  and a separate list or lists of licensed podiatrists.
(c) The presiding justice or
						  designee shall prepare a list of attorneys with trial experience, not confined,
						  however, to the field of medical malpractice.
(d) The presiding justice or designee
						  may add to a list or delete from a list at any time the name of a physician,
						  podiatrist or attorney in the discretion of the presiding justice or
						  designee.
(e) The
						  names of physicians, podiatrists and attorneys appearing on lists compiled for
						  a judicial district in the Fourth Judicial Department may be utilized, where
						  practicable, in another judicial district in that department where a medical
						  malpractice panel has been established. The names of physicians, podiatrists
						  and attorneys from another judicial department may be utilized in the Fourth
						  Judicial Department upon agreement of the respective presiding
						  justices.