reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1250 › Section 1250.14 - Miscellaneous Appeals and Proceedings

Current through Register Vol.
					 46, No. 28, July 10, 2024
(a) Annexation Proceedings. Annexation
					 proceedings shall be prosecuted as set forth in General Municipal Law article
					 17.
(b) Election
					 Appeals. Appeals in proceedings brought pursuant to any provision of the
					 Election Law shall be prosecuted upon the original record, pursuant to a
					 scheduling directive of the court or clerk, with the filing and service of
					 briefs in such number and manner as the court shall direct.
(c) Appeals from the
					 Workers'Compensation Board and Unemployment Insurance Appeal Board. Appeals
					 from decisions of the Workers' Compensation Board and the Unemployment
					 Insurance Appeal Board shall be prosecuted exclusively before the Appellate
					 Division, Third Judicial Department, in accordance with the rules established
					 by that court.
(d)
					 Original Proceedings under the Education Law, Public Health Law and Tax Law.
					 Proceedings seeking review of determinations pursuant to Education Law §
					 6510, Public Health Law § 230-c or Tax Law § 2016 shall be prosecuted
					 exclusively before the Appellate Division, Third Judicial Department, in
					 accordance with the rules established by that court.
(e) Appeals of Compensation
					 Awards to Judicial Appointees. If the sole issue sought to be reviewed on
					 appeal is the amount of compensation awarded to a judicial appointee (i.e.,
					 referee, arbitrator, guardian, guardian ad litem, conservator, committee of the
					 person or a committee of the property of an incompetent or patient, receiver,
					 person designated to perform services for a receiver, such as but not limited
					 to an agent, accountant, attorney, auctioneer or appraiser, person designated
					 to accept service), the cause may be prosecuted by motion or as an appeal. In
					 such event, the review may be had on the original record, and briefs may be
					 filed at the option of the parties.
(f) Appeals from the Appellate Term.
					 When the court has made an order granting leave to appeal from an order of the
					 Appellate Term, the appellant shall file with the clerk of the Appellate Term a
					 copy of the order. Thereafter the appeal may be brought on for argument by the
					 filing of briefs in the same manner as any other cause.
(g) Submitted facts (CPLR
					 3222). An original agreed statement of facts in an action submitted to the
					 court pursuant to CPLR 3222 shall be filed in the office of the county clerk,
					 and a copy shall be appended to appellant's brief together with a statement
					 required by CPLR 5531. Briefs shall be served and filed in the manner and in
					 accordance with the time requirements prescribed by section
					 1250.9 of this Part.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1250 › Section 1250.15 - Calendar Preference; Calendar Notice; Oral Argument; Post-Argument Submissions

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(a) Calendar Preference.
(1) By letter. A party seeking
					 and entitled by law to a preference in the hearing of an appeal shall provide
					 prompt notice by letter to the court setting forth the basis for such
					 preference.
(2) By
					 motion. A party not entitled to a preference by law may move for a calendar
					 preference for good cause shown.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1250 › Section 1250.16 - Decisions, Orders and Judgments; Costs; Remittitur; Motions for Reargument or Leave to Appeal to the Court of Appeals

Current through
					 Register Vol. 46, No. 28, July 10, 2024
(a) Decisions, Orders and
					 Judgments. A decision, order or judgment of the court on a cause shall be
					 deemed entered on the date upon which it was issued. Unless otherwise directed
					 by the court, copies of the court's decisions, orders and judgments shall be
					 posted on the court's website.
(b) Costs. Costs upon an appeal under
					 CPLR 8107 shall be allowed only as directed by the court in each case. In the
					 absence of a contrary direction, the award by the court of costs in any matter
					 shall be deemed to include disbursements in accordance with CPLR 8301(a).
(c) Remittitur.
					 Unless otherwise ordered by the court, an order determining an appeal shall be
					 remitted, together with the record on appeal, to the clerk of the court of
					 original instance.
(d) Motion for Reargument or Leave to
					 Appeal to the Court of Appeals.
(1) Time of motion. A motion for
					 reargument of or leave to appeal to the Court of Appeals from an order of the
					 court shall be made within 30 days after service of the order of the court with
					 notice of entry.
(2) Reargument. An affidavit or
					 affirmation in support of a motion for reargument shall briefly set forth the
					 points alleged to have been overlooked or misapprehended by the court.
(3) Leave to appeal
					 to the Court of Appeals.
(i)
					 An affidavit or affirmation in support of a motion for leave to appeal to the
					 Court of Appeals shall briefly set forth the questions of law sought to be
					 reviewed by the Court of Appeals and the reasons that the questions should be
					 reviewed by the Court of Appeals.
(ii) In a civil matter, a motion for
					 leave to appeal to the Court of Appeals shall, to the extent practicable, be
					 determined by the panel of justices that determined the appeal.
(iii) In a criminal matter, a
					 motion for leave to appeal to the Court of Appeals may be submitted to any
					 member of the panel of justices that determined the appeal. The affidavit or
					 affirmation in support of the motion shall state that no other application for
					 leave to appeal to the Court of Appeals has been made. Service of a copy of an
					 order on an appellant as required by C PL 460.10(5)(a) shall be made pursuant
					 to CPLR 2103.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1250 › Section 1250.17 - Fees of the Clerk of the Court

Current through Register Vol. 46,
					 No. 28, July 10, 2024
(a) Fees. The clerk of the court shall
					 be entitled to the following fees, which shall be payable in advance:
(1) upon the filing of a
					 record on a civil appeal or statement in lieu of record on a civil appeal and
					 upon the filing of a notice of petition or order to show cause commencing a
					 special proceeding, $315.
(2) upon the filing of each motion or
					 cross motion with respect to a civil appeal or special proceeding, $45, except
					 that no fee shall be imposed for a motion or cross motion which seeks leave to
					 appeal as a poor person pursuant to CPLR 1101(a).
(3) such other fees as the
					 court shall direct.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1400 - Procedure For Attorneys In Domestic Relations Matters › Section 1400.1 - Application

Current through Register Vol. 46, No. 28, July 10,
					 2024
This Part shall apply to all attorneys
						who, on or after November 30, 1993, undertake to represent a client in a claim,
						action or proceeding, or preliminary to the filing of a claim, action or
						proceeding, in either Supreme Court or Family Court, or in any court of
						appellate jurisdiction, for divorce, separation, annulment, custody,
						visitation, maintenance, child support, or alimony, or to enforce or modify a
						judgment or order in connection with any such claims, actions or proceedings.
						This Part shall not apply to attorneys representing clients without
						compensation paid by the client, except that where a client is other than a
						minor, the provisions of section
						1400.2 of this Part shall apply to
						the extent they are not applicable to compensation.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1400 - Procedure For Attorneys In Domestic Relations Matters › Section 1400.4 - Nonrefundable retainer fee

Current through Register Vol. 46, No. 28,
					 July 10, 2024
An attorney shall not enter into an
						arrangement for, charge or collect a nonrefundable retainer fee from a client.
						An attorney may enter into a "minimum fee" arrangement with a client that
						provides for the payment of a specific amount below which the fee will not fall
						based upon the handling of the case to its conclusion.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1400 - Procedure For Attorneys In Domestic Relations Matters › Section 1400.5 - Security interests

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(a) An attorney may obtain a confession
					 of judgment or promissory note, take a lien on real property, or otherwise
					 obtain a security interest to secure his or her fee only where:
(1) the retainer agreement
					 provides that a security interest may be sought;
(2) notice of an application
					 for a security interest has been given to the other spouse; and
(3) the court grants approval
					 for the security interest after submission of an application for counsel
					 fees.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1400 - Procedure For Attorneys In Domestic Relations Matters › Section 1400.7 - Fee arbitration

Current through Register Vol. 46, No. 28,
					 July 10, 2024
In the event of a fee dispute between
						attorney and client, the client may seek to resolve the dispute by arbitration
						pursuant to a fee arbitration program established and operated by the Chief
						Administrator of the Courts and subject to the approval of the justices of the
						Appellate Divisions.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1500 - Mandatory Continuing Legal Education Program For Attorneys In The State Of New York › Subpart A - Structure of Program › Section 1500.1 - Scope

Current through Register Vol. 46, No. 28, July 10,
						2024
There shall be a mandatory continuing
						  legal education program in the State of New York (hereinafter program) which
						  shall include a transitional legal education program for newly admitted
						  attorneys, as set forth in subpart B of this Part, and a legal education
						  program for all other admitted attorneys, as set forth in subpart C of this
						  Part. A Continuing Legal Education Board shall accredit and oversee, as set
						  forth in this Subpart, the courses, programs and other educational activities
						  that will satisfy the requirements of the program.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1500 - Mandatory Continuing Legal Education Program For Attorneys In The State Of New York › Subpart A - Structure of Program › Section 1500.3 - The Continuing Legal Education Board

Current through Register Vol.
						46, No. 28, July 10, 2024
(a) The Continuing Legal Education
						Board. The Continuing Legal Education Board (CLE board) is hereby
						established.
(b)
						Board composition. The CLE board shall consist of 16 resident members of the
						bench and bar. Three members shall be chosen by each of the presiding justices
						of the Appellate Divisions, and four members shall be chosen by the Chief Judge
						of the State of New York. The Chief Judge shall designate the chair. Board
						members shall serve at the pleasure of the Administrative Board of the
						Courts.
(c) Quorum.
						Nine members shall constitute a quorum of the entire CLE board.
(d) Term of service. The term
						of board members shall be three years. Board members shall be appointed for no
						more than one three-year term.
(e) Duties and responsibilities. The
						CLE board is authorized to: accredit providers of courses, programs, and other
						educational activities that will satisfy the requirements of the program;
						determine the number of credit hours for which continuing legal education
						credit will be given for particular courses or programs; adopt or repeal
						regulations and forms consistent with these rules; examine course materials and
						the qualifications of continuing legal education instructors; consult and
						appoint committees in furtherance of its official duties as necessary; foster
						and encourage the offering of accredited courses and programs, particularly in
						geographically isolated regions; and report annually on its activities to the
						Chief Judge, the presiding justices of the Appellate Divisions and the Chief
						Administrator of the Courts.
(f) Expenses. Members of the CLE board
						shall serve without compensation but shall be reimbursed for their reasonable,
						actual and direct expenses incurred in furtherance of their official
						duties.
(g)
						Confidentiality. The files, records and proceedings of the CLE board, as they
						relate to an attorney's satisfying the requirements of this Part, shall be
						confidential and shall not be disclosed except in furtherance of the duties of
						the board or upon the request of the attorney affected, or as they may be
						introduced in evidence or otherwise produced in proceedings implementing this
						Part.
(h) Appeal of
						determinations. Any person or organization aggrieved by a determination
						pursuant to this Part may seek administrative review of that determination
						pursuant to the regulations and guidelines adopted by the CLE board.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1500 - Mandatory Continuing Legal Education Program For Attorneys In The State Of New York › Subpart A - Structure of Program › Section 1500.5 - Waivers, modifications and exemptions

Current through Register
						Vol. 46, No. 28, July 10, 2024
(a) Waivers and modifications. The
						continuing legal education board may, in individual cases involving undue
						hardship or extenuating circumstances, grant waivers and modifications of
						program requirements to attorneys, upon written request, in accordance with the
						regulations and guidelines established by the CLE board and this
						Part.
(b)
						Exemptions. The following persons shall be exempt from the requirements of New
						York's continuing legal education program:
(1) subject to the requirements in
						sections 1500.12(f)  and
						1500.22(n) of
						this Part, attorneys who do not practice law in New York. Attorneys practice
						law pursuant to this section if, during the reporting period, they give legal
						advice or counsel to, or provide legal representation for, a particular body or
						individual in a particular situation in either the public or private sector.
						The practice of law does not include the performance of judicial or
						quasi-judicial (e.g., administrative law judge, hearing officer)
						functions;
(2)
						full-time active members of the United States Armed Forces and members of the
						military service of the State serving on active duty;
(3) attorneys with offices
						outside of New York who are temporarily admitted to practice in a court within
						New York for a case or proceeding; and
(4) attorneys who certify that they are
						retired from the practice of law pursuant to section
						468-a of the
						Judiciary Law.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1500 - Mandatory Continuing Legal Education Program For Attorneys In The State Of New York › Subpart B - Mandatory Continuing Legal Education for Newly Admitted Attorneys › Section 1500.10 - Application

Current through Register Vol. 46, No. 28, July 10,
						2024
(a)
						The requirements of this subpart shall apply to all newly admitted attorneys,
						who are not exempt from these requirements pursuant to section
						1500.5(b) of this
						Part, during the first two years after their admission to the Bar of the State
						of New York.
(b) A
						newly admitted attorney is an attorney who has successfully passed the New York
						State Bar examination administered by the State Board of Law Examiners and who
						becomes duly admitted to the practice of law in New York after October 1,
						1997.
(c) Attorneys
						who have been engaged in the practice of law in another state, the District of
						Columbia, any territory of the United States or any foreign jurisdiction, for
						at least five of the seven years immediately preceding admission to the New
						York Bar, shall not be deemed newly admitted attorneys for the purposes of this
						subpart, and shall be required to comply with the requirements of subpart C of
						this Part to the extent they are applicable.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1500 - Mandatory Continuing Legal Education Program For Attorneys In The State Of New York › Subpart B - Mandatory Continuing Legal Education for Newly Admitted Attorneys › Section 1500.11 - Statement of purpose

Current through Register Vol. 46, No. 28,
						July 10, 2024
Mandatory Continuing Legal Education for Newly Admitted
						  Attorneys in the State of New York is a transitional continuing legal education
						  program designed to help recent graduates and newly admitted attorneys become
						  competent to deliver legal services at an acceptable level of quality as they
						  enter practice and assume primary client service responsibilities. The Program
						  seeks to help the newly admitted attorney establish a foundation in certain
						  practical skills, techniques and procedures, which are and can be essential to
						  the practice of law, but may not have been adequately addressed in law school.
						  It includes courses targeting ethics and professionalism, skills, practice
						  management areas of professional practice and cybersecurity, privacy and data
						  protection.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1500 - Mandatory Continuing Legal Education Program For Attorneys In The State Of New York › Subpart B - Mandatory Continuing Legal Education for Newly Admitted Attorneys › Section 1500.13 - Reporting requirements

Current through Register Vol. 46, No. 28,
						July 10, 2024
(a) Attorney obligations. Each newly
						admitted attorney subject to New York's transitional continuing legal education
						requirements shall retain the certificate of attendance for each approved
						transitional education course or program for at least four years from the date
						of the course or program.
(b) Certification.
(1) Except as otherwise
						authorized by this Part, each newly admitted attorney subject to New York's
						transitional continuing legal education requirements is required to certify
						along with the submission of his or her biennial attorney registration
						statement that the attorney has satisfactorily completed 32 credit hours of
						transitional continuing legal education (16 credit hours in the first year of
						admission to the Bar, 16 credit hours in the second year of admission to the
						Bar) and that the attorney has retained the certificates of attendance or other
						documentation required by the CLE board for the accredited courses or
						programs.
(2) A
						newly admitted attorney who is required to file his or her biennial attorney
						registration statement prior to completing the second year of admission to the
						Bar shall certify the actual number of credit hours of transitional continuing
						legal education completed at the time the statement is filed. The attorney
						shall remain responsible for completing the 16 second-year credit hours of
						transitional continuing legal education by the end of that second year after
						admission, but may apply 12 of the 16 credit hours to fulfilling the
						requirements of subpart C of this Part as set forth in section
						1500.22(b)(3) of
						this Part.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1500 - Mandatory Continuing Legal Education Program For Attorneys In The State Of New York › Subpart B - Mandatory Continuing Legal Education for Newly Admitted Attorneys › Section 1500.14 - Waivers or modifications

Current through Register Vol. 46, No.
						28, July 10, 2024
(a) A newly admitted attorney may apply
						in writing to the CLE board for a waiver or modification of program
						requirements based upon extenuating circumstances preventing the newly admitted
						attorney from complying with the requirements, in accordance with the
						regulations and guidelines established by the CLE board and this
						Part.
(b) Requests
						for extensions of time in which to complete program requirements based upon
						extenuating circumstances shall be made pursuant to the procedures contained in
						the regulations and guidelines and shall not be granted for a period of greater
						than 90 days absent special circumstances. If an extension is granted, the
						period of time by which a newly admitted attorney must complete the mandatory
						continuing legal education requirements applicable to all attorneys as set
						forth in subpart C of this Part remains the same.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1500 - Mandatory Continuing Legal Education Program For Attorneys In The State Of New York › Subpart B - Mandatory Continuing Legal Education for Newly Admitted Attorneys › Section 1500.15 - Noncompliance

Current through Register Vol. 46, No. 28, July 10,
						2024
The names of newly admitted attorneys
						  who fail to comply with transitional continuing legal education requirements
						  will be submitted to the Appellate Division for appropriate
						  action.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1500 - Mandatory Continuing Legal Education Program For Attorneys In The State Of New York › Subpart B - Mandatory Continuing Legal Education for Newly Admitted Attorneys › Section 1500.16 - Effective date

Current through Register Vol. 46, No. 28, July
						10, 2024
Mandatory continuing legal education for
						  newly admitted attorneys in the State of New York shall become effective on
						  October 1, 1997.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1500 - Mandatory Continuing Legal Education Program For Attorneys In The State Of New York › Subpart C - Mandatory Continuing Legal Education for Attorneys Other Than Newly Admitted Attorneys › Section 1500.20 - Application

Current through Register Vol. 46, No. 28, July 10,
						2024
The requirements of this subpart shall
						  apply to all attorneys who have been duly admitted to the practice of law in
						  New York, are not exempt from these requirements pursuant to section
						  1500.5(b) of this
						  Part, and are not newly admitted attorneys subject to the requirements of
						  subpart B of this Part.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1500 - Mandatory Continuing Legal Education Program For Attorneys In The State Of New York › Subpart C - Mandatory Continuing Legal Education for Attorneys Other Than Newly Admitted Attorneys › Section 1500.21 - Statement of purpose

Current through Register Vol. 46, No. 28, July
						10, 2024
It is of utmost importance to members of
						  the Bar and to the public that attorneys maintain their professional competence
						  by continuing their legal education throughout the period of their active
						  practice of law. This program establishes the minimum requirements for
						  continuing legal education for attorneys other than newly admitted attorneys in
						  New York State.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1500 - Mandatory Continuing Legal Education Program For Attorneys In The State Of New York › Subpart C - Mandatory Continuing Legal Education for Attorneys Other Than Newly Admitted Attorneys › Section 1500.22 - Minimum Requirements

Current through Register Vol. 46, No. 28,
						July 10, 2024
(a) Credit
						Hours. Each attorney shall complete a minimum of 24 credit hours of accredited
						continuing legal education each biennial reporting cycle in ethics and
						professionalism, skills, law practice management, areas of professional
						practice, or diversity, inclusion and elimination of bias, or cybersecurity,
						privacy and data protection, at least four (4) credit hours of which shall be
						in ethics and professionalism, at least one (1) credit hour of which shall be
						in diversity, inclusion and elimination of bias, and at least one (1) credit
						hour of which shall be in cybersecurity, privacy and data protection.
Attorneys may apply a maximum of three (3) credit hours
						  of cybersecurity, privacy and data protection-ethics to the four-credit hour
						  ethics and professionalism requirement.
Ethics and professionalism, skills, law practice
						  management, areas of professional practice, diversity, inclusion and
						  elimination of bias, and cybersecurity, privacy and data protection are defined
						  in §
													1500.2.
(b) Biennial reporting cycle.
(1) The biennial reporting
						cycle shall be the two-year period between the dates of submission of the
						attorney's biennial registration statement.
(2) An attorney shall comply with the
						requirements of this subpart commencing from the time of the filing of the
						attorney's biennial attorney registration statement in the second calendar year
						following admission to the Bar.
(3) A newly admitted attorney whose
						transitional two-year post-Bar admission period has not been completed as of
						the last day the attorney registration statement in paragraph (2) of this
						subdivision is required to be filed may apply 12 credit hours of the
						second-year accredited transitional education credits required in section
						1500.12(a) of
						this Part to fulfilling the requirements of this subpart.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1500 - Mandatory Continuing Legal Education Program For Attorneys In The State Of New York › Subpart C - Mandatory Continuing Legal Education for Attorneys Other Than Newly Admitted Attorneys › Section 1500.23 - Reporting requirements

Current through Register Vol. 46, No. 28,
						July 10, 2024
(a) Attorney obligations. Each attorney
						subject to New York's continuing legal education requirements shall retain the
						certificate of attendance or other documentation required by the board for each
						approved education course, program or activity for at least four years from the
						date of the course, program or activity.
(b) Certification. Except as otherwise
						authorized by this Part, each attorney subject to New York's continuing legal
						education requirements is required to certify along with the submission of his
						or her biennial attorney registration statement that the attorney has
						satisfactorily completed 24 credit hours of continuing legal education for the
						current biennial reporting cycle and that the attorney has retained the
						certificates of attendance or other documentation required by the CLE board for
						the accredited courses, programs or activities.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1500 - Mandatory Continuing Legal Education Program For Attorneys In The State Of New York › Subpart C - Mandatory Continuing Legal Education for Attorneys Other Than Newly Admitted Attorneys › Section 1500.24 - Waivers or modifications

Current through Register Vol. 46, No.
						28, July 10, 2024
(a) An attorney may apply in writing to
						the CLE board for a waiver or modification of program requirements based upon
						extenuating circumstances preventing the attorney from complying with the
						requirements, in accordance with the regulations and guidelines established by
						the CLE board and this Part.
(b) Requests for extensions of time in
						which to complete program requirements based upon extenuating circumstances
						shall be made pursuant to the procedures contained in the regulations and
						guidelines and shall not be granted for a period of greater than 90 days absent
						special circumstances. If an extension is granted, the period of time by which
						the attorney must complete the mandatory continuing legal education
						requirements of the next biennial reporting cycle remains the same.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1500 - Mandatory Continuing Legal Education Program For Attorneys In The State Of New York › Subpart C - Mandatory Continuing Legal Education for Attorneys Other Than Newly Admitted Attorneys › Section 1500.25 - Noncompliance

Current through Register Vol. 46, No. 28, July 10,
						2024
The names of attorneys who fail to
						  comply with continuing legal education requirements will be submitted to the
						  Appellate Division for appropriate action.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1500 - Mandatory Continuing Legal Education Program For Attorneys In The State Of New York › Subpart C - Mandatory Continuing Legal Education for Attorneys Other Than Newly Admitted Attorneys › Section 1500.26 - Effective date and transition

Current through Register Vol. 46, No.
						28, July 10, 2024
The requirements of this subpart shall
						  become effective on December 31, 1998. Compliance with the certification
						  requirement shall commence with biennial attorney registration statements filed
						  on or after January 1, 2000, as follows:
(a) Attorneys who file their biennial
						registration statement in calendar year 2000 shall complete 12 credit hours of
						accredited continuing legal education as of the date of the filing in any
						combination of the categories set forth in section
						1500.22(a) of
						this Part. Attorneys who accumulate more than 12 credit hours at the time of
						this filing may carry over a maximum of six credit hours to the next biennial
						cycle.
(b) Attorneys
						who file their biennial registration statement in calendar year 2001 must
						complete the full 24 credit hours of accredited continuing legal education as
						set forth in section
						1500.22(a) of
						this Part. Approved CLE credits earned from January 1, 1998, may be applied
						toward fulfilling the requirements for the initial biennial reporting
						cycle.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VI - County Court › Subchapter C - Fourth Judicial Department › Article 1 - Uniform County Court Rules › Part 1590 - Uniform Calendar And Practice Rules For County Courts › Section 1590.1 - Repealed

Current through Register Vol. 46, No. 28,
						July 10, 2024
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VI - County Court › Subchapter C - Fourth Judicial Department › Article 1 - Uniform County Court Rules › Part 1590 - Uniform Calendar And Practice Rules For County Courts › Section 1590.2 - Repealed

Current through Register Vol. 46, No. 28,
						July 10, 2024
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VI - County Court › Subchapter C - Fourth Judicial Department › Article 1 - Uniform County Court Rules › Part 1590 - Uniform Calendar And Practice Rules For County Courts › Section 1590.3 - Repealed

Current through Register Vol. 46, No. 28,
						July 10, 2024
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VI - County Court › Subchapter C - Fourth Judicial Department › Article 1 - Uniform County Court Rules › Part 1590 - Uniform Calendar And Practice Rules For County Courts › Section 1590.4 - Repealed

Current through Register Vol. 46, No. 28,
						July 10, 2024
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VI - County Court › Subchapter C - Fourth Judicial Department › Article 1 - Uniform County Court Rules › Part 1590 - Uniform Calendar And Practice Rules For County Courts › Section 1590.5 - Repealed

Current through Register Vol. 46, No. 28,
						July 10, 2024
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VI - County Court › Subchapter C - Fourth Judicial Department › Article 1 - Uniform County Court Rules › Part 1590 - Uniform Calendar And Practice Rules For County Courts › Section 1590.6 - Repealed

Current through Register Vol. 46, No. 28,
						July 10, 2024
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VI - County Court › Subchapter C - Fourth Judicial Department › Article 1 - Uniform County Court Rules › Part 1590 - Uniform Calendar And Practice Rules For County Courts › Section 1590.7 - Repealed

Current through Register Vol. 46, No. 28,
						July 10, 2024
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VI - County Court › Subchapter C - Fourth Judicial Department › Article 1 - Uniform County Court Rules › Part 1590 - Uniform Calendar And Practice Rules For County Courts › Section 1590.8 - Repealed

Current through Register Vol. 46, No. 28,
						July 10, 2024
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VI - County Court › Subchapter C - Fourth Judicial Department › Article 1 - Uniform County Court Rules › Part 1590 - Uniform Calendar And Practice Rules For County Courts › Section 1590.9 - Repealed

Current through Register Vol. 46, No. 28,
						July 10, 2024
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VI - County Court › Subchapter C - Fourth Judicial Department › Article 1 - Uniform County Court Rules › Part 1590 - Uniform Calendar And Practice Rules For County Courts › Section 1590.10 - Repealed

Current through Register Vol. 46, No. 28,
						July 10, 2024
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VI - County Court › Subchapter C - Fourth Judicial Department › Article 1 - Uniform County Court Rules › Part 1590 - Uniform Calendar And Practice Rules For County Courts › Section 1590.11 - Length of juror service

Current through Register Vol. 46, No.
						28, July 10, 2024
In all counties except Erie, Monroe,
						  Onondaga, Niagara and Oneida, in the Fourth Judicial Department, the County
						  Court judge assigned to a jury term may extend juror service any period of time
						  up to the start of the next jury term in that county.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VI - County Court › Subchapter C - Fourth Judicial Department › Article 2 - Local Rules › Subarticle M - Oneida County › Part 1722 - Committees Of Estates Of Incompetent Persons › Section 1722.1 - Commissions

Current through Register Vol. 46, No. 28, July 10,
						  2024
Committees will not be allowed to take
							 out in advance one-half commissions on receiving the corpus of the
							 estate.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VI - County Court › Subchapter C - Fourth Judicial Department › Article 2 - Local Rules › Subarticle M - Oneida County › Part 1722 - Committees Of Estates Of Incompetent Persons › Section 1722.2 - Attorney's fees on annual account

Current through Register Vol. 46,
						  No. 28, July 10, 2024
A committee will not usually, and if
							 the committee is an attorney will not in any ordinary case, be allowed
							 attorney's fees for making up his annual account.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VI - County Court › Subchapter C - Fourth Judicial Department › Article 2 - Local Rules › Subarticle M - Oneida County › Part 1722 - Committees Of Estates Of Incompetent Persons › Section 1722.3 - Fees paid to personal sureties

Current through Register Vol. 46,
						  No. 28, July 10, 2024
No allowance will be made for fees
							 paid to personal sureties on committees' bonds.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VI - County Court › Subchapter C - Fourth Judicial Department › Article 2 - Local Rules › Subarticle M - Oneida County › Part 1722 - Committees Of Estates Of Incompetent Persons › Section 1722.4 - Traveling expenses

Current through Register Vol. 46, No. 28,
						  July 10, 2024
Committees will not be allowed for
							 traveling beyond actual disbursements, necessarily incurred.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VI - County Court › Subchapter C - Fourth Judicial Department › Article 2 - Local Rules › Subarticle M - Oneida County › Part 1722 - Committees Of Estates Of Incompetent Persons › Section 1722.5 - Charges for legal services rendered to committee

Current through
						  Register Vol. 46, No. 28, July 10, 2024
Charges for legal services rendered to
							 the committee of the estate will not be allowed unless the nature thereof and
							 the occasion for the expenditure are shown.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VI - County Court › Subchapter C - Fourth Judicial Department › Article 2 - Local Rules › Subarticle M - Oneida County › Part 1722 - Committees Of Estates Of Incompetent Persons › Section 1722.6 - Name of depository to be given

Current through Register Vol.
						  46, No. 28, July 10, 2024
Where funds are deposited in a bank,
							 the name of the depository must be given; and where mortgage is taken, the
							 county clerk's office in which it is recorded, with the book and page of
							 record, should be stated.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VI - County Court › Subchapter C - Fourth Judicial Department › Article 2 - Local Rules › Subarticle M - Oneida County › Part 1722 - Committees Of Estates Of Incompetent Persons › Section 1722.7 - Original vouchers to be submitted with annual account

Current
						  through Register Vol. 46, No. 28, July 10, 2024
All annual accounts must be
							 accompanied by original vouchers except for trivial
							 expenditures.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VII - Surrogate's Court › Subchapter B - Second Judicial Department › Article 1 - Local Rules › Part 1850 - Suffolk County › Section 1850.1 - Proceedings to compel production of wills

Current through Register
						Vol. 46, No. 28, July 10, 2024
In all proceedings pursuant to SCPA
						  § 1401, costs and sanctions will be imposed against any attorney who
						  wilfully withholds production of a will.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VII - Surrogate's Court › Subchapter B - Second Judicial Department › Article 1 - Local Rules › Part 1850 - Suffolk County › Section 1850.2 - Service of the Account (Repealed)

Current through Register Vol. 46,
						No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VII - Surrogate's Court › Subchapter B - Second Judicial Department › Article 1 - Local Rules › Part 1850 - Suffolk County › Section 1850.3 - Service of Wills with Citation and Waivers of Citation in Probate Proceedings (Repealed)

Current through Register Vol. 46, No. 28,
						July 10, 2024
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VII - Surrogate's Court › Subchapter B - Second Judicial Department › Article 1 - Local Rules › Part 1850 - Suffolk County › Section 1850.4 - Advance payment of legal fees

Current through Register Vol. 46, No.
						28, July 10, 2024
In all proceedings for the advance
						  payment of legal fees to an attorney-fiduciary, instituted pursuant to the
						  provisions of SCPA § 2111, the petitioner shall file with his (her)
						  application, acknowledged consents to the relief requested signed by all those
						  persons whose interests in the estate would be affected by the proceeding, or,
						  alternatively, shall cause citation to issue to such persons.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VII - Surrogate's Court › Subchapter B - Second Judicial Department › Article 1 - Local Rules › Part 1850 - Suffolk County › Section 1850.5 - Legal Fees and Commissions of Attorney- Fiduciaries (Repealed)

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VII - Surrogate's Court › Subchapter B - Second Judicial Department › Article 1 - Local Rules › Part 1850 - Suffolk County › Section 1850.6 - Attorney-Fiduciaries (Repealed)

Current through Register Vol. 46, No. 28,
						July 10, 2024
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VII - Surrogate's Court › Subchapter B - Second Judicial Department › Article 1 - Local Rules › Part 1850 - Suffolk County › Section 1850.8 - Legal Fees and Commissions of Attorney- Fiduciaries (Repealed)

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VII - Surrogate's Court › Subchapter B - Second Judicial Department › Article 1 - Local Rules › Part 1850 - Suffolk County › Section 1850.9 - Retainer Agreements of Counsel (Repealed)

Current through
						Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VII - Surrogate's Court › Subchapter B - Second Judicial Department › Article 1 - Local Rules › Part 1850 - Suffolk County › Section 1850.10 - Attorney-fiduciaries-trustees

Current through Register Vol. 46, No. 28, July 10,
						2024
In all instances where an attorney is
						  appointed as trustee, he/she shall not be entitled to receiving or paying
						  commissions without prior court approval, except as provided in SCPA, sections
						  2308 and 2309, and he/she shall not be authorized to pay any legal fees, except
						  as provided in SCPA, section 2111. In the event legal fees are paid pursuant to
						  SCPA § 2111(2), the reasonableness of said legal fees are subject to
						  review by this court.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VII - Surrogate's Court › Subchapter B - Second Judicial Department › Article 1 - Local Rules › Part 1850 - Suffolk County › Section 1850.11 - Procedure at Conferences in Contested Matters

Current through
						Register Vol. 46, No. 28, July 10, 2024
ORDERED, that subject to this court's Alternate Dispute
						  Resolution rules, all contested matters shall be placed on this court's early
						  settlement conference calendar and a settlement conference shall be scheduled,
						  and it is further
ORDERED, that matters not fully resolved after
						  mediation, if required, shall be placed on this court's reserve trial and
						  hearing calendar and a pre-trial conference shall be scheduled, and it is
						  further
ORDERED, that when directed by the court, pursuant to
						  Uniform Rule 207.29, a detailed schedule for an exchange of bills of
						  particulars, of all pre-trial discovery procedures, and a firm trial date shall
						  be set forth in a pre-trial stipulation to be executed by the attorneys in
						  attendance or parties, if unrepresented, and "So Ordered" by the court, and it
						  is further
ORDERED, that any modification of the same can only be
						  made upon leave of the court, and in the event that there has been
						  noncompliance with the order, a conference shall be scheduled to determine the
						  reason for said noncompliance.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter VII - Surrogate's Court › Subchapter B - Second Judicial Department › Article 1 - Local Rules › Part 1850 - Suffolk County › Section 1850.12 - Remote Conferences

Current through Register Vol. 46, No. 28,
						July 10, 2024
All counsel who have duly appeared in a proceeding in
						  compliance with Surrogate's Court Procedure Act Article 4, will be permitted,
						  in the discretion of the court, to participate in early settlement and pretrial
						  conferences and to argue pre-trial motions remotely, where extended distance to
						  the courthouse or other compelling circumstances render a personal appearance
						  impractical upon the following procedure:
(a) Early Settlement and Pre-trial
						conferences. At least five court days prior to the scheduled conference date,
						counsel requesting a remote appearance must notify the court in writing of:
(1) the reason counsel wishes to appear
						remotely;
(2) the names of all
						other counsel who will attend such conference;
(3) that all other appearing counsel have
						consented to the remote appearance;
(4) that an official court reporter will or
						will not be required; and
(5) where
						two or more counsel wish to appear remotely at the same conference, in lieu of
						a separate request from each party, all counsel may designate one party to make
						the foregoing written request.