Fourth Department Diversion Rules

Effective January 9, 2003

§ 1022.17   Professional Misconduct Defined

A violation of any rule of the Disciplinary Rules of the Code of Professional Responsibility as set forth in 22 NYCRR part 1200, or any other rule or announced standard of the Appellate Division governing the conduct of attorneys, shall constitute professional misconduct within the meaning of Judiciary Law §90 (2).

§ 1022.18   Effect of Restitution on Disciplinary Proceedings

The restitution by an attorney of client funds converted or misapplied by the attorney shall not bar the commencement or continuation of grievance or disciplinary proceedings.

§ 1022.19   Fourth Judicial Department Grievance Plan

•       Attorney Grievance Committee Structure.

  (1)   There shall be an attorney grievance committee for each judicial district in the Fourth Judicial Department. The committees shall be composed of members recommended by the presidents of the local bar associations in each district, and there shall be at least one member from each county in a judicial district.

  (2)   The Appellate Division shall appoint the members of the committees, including a chairperson. 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 and vacancies on the committee shall be filled for the remainder of the unexpired term. Each committee shall be composed of 21 members, including three nonlawyers. All members of a committee shall reside in the respective judicial district. Twelve members of a committee shall constitute a quorum.

Members of the committees are volunteers and are expressly authorized to participate in a State-sponsored volunteer program, pursuant to Public Officers Law §17 (1).

  (3)   A member of a current or former committee member's law firm shall not be prohibited from representing a respondent in a disciplinary proceeding, or during an investigation conducted pursuant to these rules, provided that such representation is in accordance with 22 NYCRR part 1200.45.

(b)   Duties of Attorney Grievance Committee.

    The attorney grievance committee shall:

  (1)   consider and investigate all matters presented or referred to it by complaint or otherwise, which involve allegations of misconduct by an attorney practicing in the respective district;

  (2)   supervise staff attorneys in the performance of their duties before the committee;

  (3)   appoint sub-committees to assist in investigations when necessary and appropriate;

  (4)   refer cases directly to the Appellate Division when the public interest requires prompt action or when the matter involves an attorney who has been convicted of a felony or a crime involving conduct that adversely reflects upon the attorney's honesty, trustworthiness or fitness as an attorney; and

  (5)   maintain and provide to the Appellate Division statistical reports summarizing the processing and disposition of all matters before the committee.

(c)   Staff Structure.

  (1)   There shall be 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 shall be recommended by the committee chairpersons and appointed by the Appellate Division. Staff attorneys shall reside within the Fourth Department. The chief attorney may hire investigative and clerical staff as provided for in the State budget.

(d)   Duties and authority of legal staff.

  (1)   Investigation of complaints.

Investigation of all complaints shall be initiated by the chief attorney and conducted by the staff attorneys. Staff attorneys are authorized to:

    (i)   request from the subject of a complaint that a written response be filed within 14 days; a copy of the response may be provided to the complainant;

    (ii)    interview witnesses and obtain any records and reports necessary to determine the validity of a complaint;

    (iii)   direct the subject of the complaint to appear before the chief attorney or a staff attorney for a formal interview or examination under oath;

    (iv)   when it appears that the examination of any person is necessary for a proper determination of the validity of a complaint or that the production of relevant books and papers is necessary, the chief attorney may apply to the Clerk of the Appellate Division for a judicial subpoena to compel the attendance of the person as a witness or the production of relevant books and papers; the application for the subpoena shall be supported by sufficient facts to demonstrate the relevancy of the testimony and of any books and papers specified; subpoenas shall be issued by the Clerk in the name of the Presiding Justice and may be made returnable before the chief attorney or staff attorney at a time and place specified therein; and

    (v)   when it appears that a complaint involves a minor matter, such as a personality conflict between attorney and client, a fee dispute or a delay that resulted in no harm to the client, the staff attorney may refer the complaint, upon notice to the attorney and the complainant, to an appropriate committee of the local bar association.

  (2)   Authorized dispositions of matters not warranting institution of formal disciplinary proceedings.

After investigation of a complaint and consultation with the appropriate committee chairperson, the chief attorney or designated staff attorney may:

    (i)   dismiss a complaint as unfounded by letter to the complainant and subject attorney; or,

    (ii)   refer a complaint to a mediation or monitoring program, pursuant to 22 NYCRR 1220.2; or,

    (iii)    when it appears that the factors set forth in 22 NYCRR 1022.20 (d) (3) (a) are present, make a written recommendation to the Appellate Division, on notice to the attorney who is the subject of the complaint or investigation, that the matter under investigation be stayed and that the attorney be diverted to a monitoring program approved by the Appellate Division; or

     (iv)   when it appears that the subject attorney has engaged in inappropriate behavior that does not constitute professional misconduct, issue a Letter of Caution to the attorney, with written notification to the complainant that such action has been taken; or

     (v)   recommend to the appropriate committee that a Letter of Admonition be issued to the subject attorney. A report summarizing the matter along with the recommendation shall be provided to the attorney. The attorney shall be afforded the right to appear before the committee and be heard. A Letter of Admonition shall be issued upon the approval of a majority of the committee members present. The Letter of Admonition shall state the nature of the inappropriate conduct and the basis for the determination. The issuance of a Letter of Admonition shall constitute the imposition of formal discipline. The complainant shall receive written notification that such action has been taken.

  In the event that a majority of the committee members decline to approve the issuance of a Letter of Admonition, the matter may be disposed of in any manner set forth in 22 NYCRR 1022.19 (d) (2) (i), (ii) or (iv).

    (3)   Appeals.

    (i)   Appeal from Letter of Caution. An attorney may appeal to the committee from a Letter of Caution by filing a letter stating objections to the Letter of Caution. The letter appeal shall be directed to the chairperson of the appropriate district committee, and shall be served on the chief attorney. The letter appeal shall be filed within 30 days of the date on the Letter of Caution. The chief attorney may file a reply within 10 days of service of the letter appeal. Oral argument of the appeal is not permitted.

    (ii)   Appeal from Letter of Admonition. An attorney may appeal to the three district committee chairpersons from a Letter of Admonition by filing a letter stating objections to the Letter of Admonition. The letter appeal shall be filed within 30 days of the date on the Letter of Admonition, and shall be served on the chief attorney. The chief attorney may file a reply within 10 days of service of the letter appeal. Appearances on such appeals shall be within the discretion of the committee chairpersons.

    (iii)   Appeal by chief attorney. The chief attorney may appeal to the three committee chairpersons from a committee determination declining to approve the issuance of a Letter of Admonition by filing a letter stating objections to the determination. The letter appeal shall be filed within 30 days of the date of the adverse determination, and shall be served on the subject attorney. The attorney may file a reply within 10 days of service of the letter appeal. Appearances on such appeals shall be within the discretion of the committee chairpersons.

    On appeals taken pursuant to 22 NYCRR 1022.19 (d) (3), the chairperson or chairpersons shall review all issues raised by the complaint or complaints and the entire record that was before the chief attorney or the committee.

(e)   Duties of county and local bar associations. A county or local bar association may review, investigate and determine complaints against attorneys involving allegations of minor delay that resulted in no harm to the client, fee disputes, personality conflicts between attorney and client, and other minor matters.

    (i)   The bar association shall provide to the chief attorney, within 20 days of receipt of a complaint, a report, in a form prescribed by the chief attorney, a copy of the complaint and any other relevant correspondence.

    (ii)   When a bar association retains jurisdiction over a complaint after notifying the chief attorney as required by 22 NYCRR 1022.19 (e) (i), the association shall complete its investigation and forward the file along with a status report in a form prescribed by the chief attorney, to the chief attorney within 60 days of the date of receipt of the complaint. When the bar association has not reached a determination resolving the complaint within the 60-day period, the district committee shall assume jurisdiction of the matter. The association may make a written request to the chief attorney for an extension of the 60-day period.

    (iii)   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.

    (iv)   Each bar association shall file quarterly reports on attorney grievance matters in a form prescribed by the chief attorney. The report shall be filed within 15 days of the end of each quarter.

§ 1022.20   Formal disciplinary proceedings.

(a)   Authorization for commencement of proceedings.

  The chief attorney may recommend to the committee that disciplinary proceedings be commenced when there is probable cause to believe that an attorney has committed professional misconduct or when an attorney has been convicted of a crime involving conduct that adversely reflects upon the attorney's honesty, trustworthiness or fitness as an attorney. The chief attorney shall present the matter to the committee along with a written recommendation, which shall be provided to the attorney who is the subject of the proceeding. The attorney shall have the right to appear before the committee and to be heard in response to the charges. When a majority of the committee members present vote to approve the filing of charges, the chief attorney shall institute formal proceedings against the attorney.

(b)   Appeal by chief attorney .

The chief attorney may appeal to the three district chairpersons from a committee determination declining to approve the filing of formal charges by filing a letter stating objections to the determination. The letter appeal shall be filed within 30 days of the date of the adverse determination, and shall be served on the subject attorney. The attorney may file a reply within 10 days of service of the letter appeal. On appeals taken pursuant to 22 NYCRR 1022.20 (b), the chairpersons shall review all issues raised by the complaint or complaints and the entire record that was before the committee.

(c) Procedure for filing charges.

  (1)   To commence a proceeding in the Appellate Division, the chief attorney shall file the original notice of petition and petition and [12] five copies thereof with proof of service of one copy on the respondent attorney. Unless otherwise directed by the Appellate Division, the proceeding shall be made returnable at [3] 2 p.m. on the second Tuesday of the next scheduled Court term. The notice of petition and petition shall be served in the manner set forth in Judiciary Law §90 (6), and with sufficient notice to all parties, as set forth in the CPLR, and shall be filed at least 20 days prior to the commencement of the Court term when it is returnable.

  (2)   An attorney subject to formal disciplinary charges shall personally appear before the Appellate Division on the return date of the matter and thereafter on any adjourned date, except as provided in 22 NYCRR 1022.20 (c) (1).

  (3)   Answer. An attorney subject to formal disciplinary charges shall file in the Appellate Division the original answer and 12 copies thereof with proof of service of one copy on the chief attorney or staff counsel within 20 days from the date of service of the petition.

(d) Disposition by the Appellate Division .

  (1)   When a respondent, in the answer, denies a material allegation of the petition, thereby raising an issue of fact, the Appellate Division may dispense with respondent's appearance and refer the matter to a justice of the Supreme Court or a referee designated by the Appellate Division to hear and report without recommendation. Unless otherwise directed by the Appellate Division, the referee shall give the matter a preference, shall schedule the hearing on consecutive dates, to the extent possible, and shall complete the hearing within 60 days following the date of the entry of the order of reference. The parties shall make final submissions, including proposed findings of fact, if any, within 15 days following the date on which the stenographic transcript of the minutes of the hearing is completed, and the referee's report shall be completed within 30 days thereafter.

  (2)   When no issue of fact is raised, or after completion of the hearing and report on such issue, the Appellate Division shall fix a time at which the respondent may be heard in mitigation or otherwise, unless the respondent waives in writing the privilege to be heard.

  ( 3 )   ( a ) When an attorney who is the subject of a disciplinary investigation or proceeding raises in defense of the charges or as a mitigating factor alcohol or substance abuse, or, upon the recommendation of chief counsel or a designated staff attorney pursuant to 22 NYCRR 1022.19 (d) (2) (iii), the Appellate Division may stay the matter under investigation or the determination of the charges and direct that the attorney complete a monitoring program sponsored by a lawyers' assistance program approved by the Appellate Division upon a finding that:

     (i )    the alleged misconduct occurred during a time period when the attorney suffered from alcohol or other substance abuse or dependency;      (ii)    the alleged misconduct is not such that disbarment from the practice of law would be an appropriate sanction; and      (iii)    diverting the attorney to a monitoring program is in the public interest.

( b ) Upon submission of written proof of successful completion of the monitoring program, the Appellate Division may dismiss the disciplinary charges. In the event of an attorney's failure to successfully complete a Court ordered monitoring program, or, the commission of additional misconduct by the attorney during the pendency of the proceeding, the Appellate Division may, upon notice to the attorney and after affording the attorney an opportunity to be heard, rescind the order diverting the attorney to the monitoring program and reinstate the disciplinary charges or investigation.

( c ) Any costs associated with the attorney's participation in a monitoring program pursuant to this section shall be the responsibility of the attorney.

(e)   Suspension pending disposition.

  An attorney who is the subject of an investigation or proceeding may be suspended during the pendency of the investigation or proceeding on motion of the chief attorney, on notice to the attorney, upon a finding by the Appellate Division that the attorney has committed misconduct immediately threatening the public interest. Such a finding may be based upon the attorney's default in responding to a petition, or notice to appear for questioning or subpoena; an admission under oath to the commission of professional misconduct; or other uncontroverted evidence of misconduct.

§ 1022.21   Attorneys convicted of a crime

(a)   Attorneys convicted of a felony.

  The Appellate Division shall, upon receipt of proof that an attorney has been convicted of a felony, as that term is defined in Judiciary Law § 90 (4) (e), enter an order striking the attorney's name from the roll of attorneys.

(b)   Attorneys convicted of a serious crime.

(1)   The Appellate Division shall, upon receipt of proof that an attorney has been convicted of a serious crime, as that term is defined in Judiciary Law § 90 (4) (d), enter an order suspending the attorney pending the entry of a final order of disposition.

  The Appellate Division may, upon the application of the attorney and for good cause shown, as provided in Judiciary Law § 90 (4) (f), vacate the suspension.

(2)   The Appellate Division shall, upon entry of the judgment of conviction, direct the attorney to show cause why a final order of discipline should not be entered. When an attorney requests a hearing, the Appellate Division shall refer the matter to a referee for a hearing, report and recommendation.

(c)   Referral to Grievance Committee.

  When it is determined by the Appellate Division that the crime of which the attorney has been convicted is not a serious crime, pursuant to Judiciary Law § 90 (4) (d), the Appellate Division may refer the matter to a district grievance committee for investigation and appropriate disciplinary action.

(d)   Effect of reversal of conviction or pardon.

  When an attorney has been suspended or disbarred based upon a conviction of a serious crime or felony and the conviction is subsequently reversed on appeal, or, the attorney is pardoned by the President of the United States or a governor of any state, the Appellate Division may vacate or modify the order of suspension or disbarment, as provided in Judiciary Law § 90 (5).

§ 1022.22   Imposition of discipline for misconduct committed in other

    jurisdiction.

  When the Appellate Division receives notice that an attorney admitted to practice by the Fourth Department has been disciplined by another state, territory or district, it shall direct the attorney to appear and show cause why similar discipline should not be imposed for the underlying misconduct. The attorney may file, within 20 days of service of the order to show cause, an affidavit stating any defense to the imposition of discipline and raising any mitigating factors. After the attorney has been heard, or, after the appearance has been waived, and upon review of the attorney's affidavit, the order entered by the foreign jurisdiction and the record of the proceeding in that jurisdiction, the Appellate Division may discipline the attorney for the misconduct committed in the foreign jurisdiction unless it finds that the procedure in the foreign jurisdiction deprived the attorney of due process of law, that there was insufficient proof that the attorney committed the misconduct, or, that the imposition of discipline would be unjust.

§ 1022.23   Incompetency or Incapacity of Attorney

(a)   When the Appellate Division is presented with proof that an attorney has been judicially declared incompetent or has been committed to a mental facility, it shall enter an order immediately suspending the attorney from the practice of law. The chief attorney shall serve a copy of the order upon the attorney, a committee appointed on behalf of the attorney or upon the director of the appropriate facility, as directed by the Appellate Division.

(b)   At any time during the pendency of a disciplinary proceeding or an investigation conducted pursuant to these rules, the chief attorney, or the attorney who is the subject of the proceeding or investigation, may apply to the Appellate Division for a determination that the attorney is incapacitated from practicing law by reason of mental illness or infirmity, addiction to alcohol or illegal substances or any other condition that renders the attorney incapacitated from practicing law. The application shall be by notice of motion and shall be served with sufficient notice to all parties, as set forth in the CPLR. An affidavit shall be filed in support of the application, setting forth facts demonstrating that the attorney is incapacitated. The Appellate Division may appoint a medical expert to examine the attorney and render a report and may assign counsel to represent the attorney. When the Appellate Division finds that an attorney is incapacitated from practicing law, the Appellate Division shall enter an order immediately suspending the attorney from the practice of law and may stay the pending proceeding or investigation.

§ 1022.24   Appointment of attorney to protect clients of suspended,

    disbarred, incapacitated, or deceased attorney

(a)   Suspension, Disbarment, Incapacitation or Death

  When an attorney is suspended, disbarred, incapacitated from practicing law pursuant to 22 NYCRR 1022.23, has abandoned the practice of law, or 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 clients' interests.

(b)   Report to Court

  An attorney appointed pursuant to 22 NYCRR 1022.24 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 1022.24 (a), and may direct that compensation shall be a cost of the underlying disciplinary or incapacitation proceeding.

§ 1022.25   Responsibilities of Retired Attorneys

(a)   An attorney shall, at least sixty 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 also, with respect to each matter in which a retainer statement has been filed pursuant to 22 NYCRR 1022.2 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), 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.

§ 1022.26   Resignation from practice of law

(a)   Resignation of attorney during pendency of disciplinary

    proceeding or investigation.

  The Appellate Division shall enter an order striking from the roll of attorneys the name of an attorney who is the subject of a disciplinary proceeding or an investigation conducted pursuant to these rules upon receipt of an affidavit or affirmation in the form included in Appendix A, with proof of service on the chief attorney, which sets forth the nature of the charges or the allegations under investigation and shows that:

(1)   the resignation is voluntarily rendered without duress and with full awareness of the consequences;

(2)   the resignor admits the charges or allegations of misconduct;

(3)   the resignor has no defense to the charges or allegations of misconduct; and

(4)   when the charges or allegations include the wilful misappropriation or misapplication of clients' funds or property, the resignor consents to the entry of an order of restitution.

(b)   Resignation of attorney for non-disciplinary reasons.

  An attorney may resign from the practice of law for non-disciplinary reasons by submitting to the Appellate Division an affidavit or affirmation in the form included in Appendix A, showing:

(1)   the jurisdiction or jurisdictions where the attorney is admitted, along with the respective dates of admission;

(2)   the attorney's current address and, when applicable, date that the attorney left the State of New York;

(3)   that the attorney is in good standing in each jurisdiction where admitted and that the attorney is not currently the subject of a disciplinary proceeding or complaint;

(4)   the specific reason for the resignation; and

(5)   when the resignation is submitted by an attorney residing out-of-state who does not want to submit attorney registration fees, that the attorney does not intend to return to the State of New York to resume the practice of law.

  When the Appellate Division determines that an attorney is eligible to resign for non-disciplinary reasons, it shall enter an order removing from the roll of attorneys the attorney's name and stating the non-disciplinary nature of the resignation.

§ 1022.27   Conduct of disbarred, suspended or resigned attorneys

(a)   Prohibition against practicing law.

  Attorneys disbarred, suspended or resigned from practice shall comply with Judiciary Law §§ 478, 479, 484 and 486.

(b)   Notification of clients.

  When an attorney is disbarred, suspended from the practice of law or removed from the roll of attorneys after resignation, the attorney shall promptly notify, by registered or certified mail, each client, the attorney for each party in a pending matter and, for each action where a retainer statement has been filed pursuant to 22 NYCRR 1022.2, the Office of Court Administration. The notice shall state that the attorney is unable to act as counsel due to disbarment, suspension or removal from the roll of attorneys. A notice to a client shall advise the client to obtain new counsel. A notice to counsel for a party in a pending action or to the Office of Court Administration in connection with an action where a retainer statement has been filed shall include the name and address of the disbarred, suspended or resigned attorney's client.

(c)   Duty to withdraw from pending action or proceeding.

  When a client in a pending action or proceeding fails to obtain new counsel, the disbarred, suspended or resigned attorney shall move, in the court where the action or proceeding is pending, for permission to withdraw as counsel.

(d)   Affidavit of compliance.

  A disbarred, suspended or resigned attorney shall file with the Appellate Division, no later than 30 days after the date of the order of disbarment, suspension or removal from the roll of attorneys, an affidavit showing a current mailing address for the attorney and that the attorney has complied with the order and these Rules. The affidavit shall be served on the chief attorney and proof of service shall be filed with the Appellate Division.

(e)   Compensation

  A disbarred, suspended or resigned attorney may not share in any fee for legal services rendered by another attorney during the period of disbarment, suspension or removal from the roll of attorneys but may be compensated on a quantum meruit basis for services rendered prior to the effective date of the disbarment, suspension or removal from the roll of attorneys. The amount and manner of compensation shall be determined, on motion of the disbarred, suspended or resigned attorney, by the court or agency where the action is pending, or, if the action has not been commenced, at a special term of the Supreme Court in the county where the moving attorney maintained an office. The total amount of the legal fee shall not exceed the amount that the client would have owed if no substitution of counsel had been required.

   (f)   Required records

  A disbarred, suspended or resigned attorney shall keep and maintain records of the attorney's compliance with 22 NYCRR 1022.27 and with the order of disbarment, suspension or removal from the roll of attorneys.

§ 1022.28   Reinstatement

  The Appellate Division may enter an order reinstating an attorney who has been disbarred, suspended or removed from the roll of attorneys for non-disciplinary reasons, when it appears to the satisfaction of the Appellate Division that the attorney has established by clear and convincing evidence that: the attorney has complied with the order of disbarment, suspension or the order removing the attorney from the roll; the attorney has complied with the Rules of the Court; the attorney has the requisite character and fitness to practice law; and it would be in the public interest to reinstate the attorney to the practice of law.

  (a)    Disbarred Attorneys.

(1)   Time of Application

  An attorney disbarred by order of the Appellate Division for misconduct, or stricken from the roll of attorneys pursuant to Judiciary Law § 90 (4) or 22 NYCRR 1022.26 (a), may apply for reinstatement to practice after the expiration of seven years from the entry of the order of disbarment or the order striking the attorney from the roll of attorneys.

  The Appellate Division may deny the application with leave to renew upon submission of proof of successful completion of the New York State Bar Examination described in 22 NYCRR 520.8.

(2)   Procedure.

  An application for reinstatement shall be made by motion, which shall be served with sufficient notice to all parties as set forth in the CPLR. The motion shall be returnable at [3] 2 p.m. on the date scheduled by the Appellate Division for disciplinary matters, or as otherwise directed by the Appellate Division. The disbarred attorney shall personally appear before the Appellate Division on the return date of the application, unless otherwise directed by the Appellate Division. The motion and all supporting papers, as set forth in 22 NYCRR 1022.28 (3), shall be filed in the Appellate Division no later than the Friday preceding the return date.

(3)   Necessary papers.

  An applicant for reinstatement shall file an original and 12 copies of the application. Papers on an application for reinstatement following disbarment shall include: a notice of motion; a copy of the order of disbarment or the order striking the attorney from the roll of attorneys; a copy of the Per Curiam Opinion of the Appellate Division, if any; a completed questionnaire in the form included in Appendix A; proof of successful completion of the Multistate Professional Responsibility Examination described in 22 NYCRR 520.9; and proof of service of one copy of the application on the chief attorney.

  (4)   Responding papers.

  Papers in response to an application for reinstatement must be in the form of an affidavit or affirmation and shall be filed, along with 12 copies thereof and proof of service of one copy on the disbarred attorney, no later than the Friday preceding the return date of the application.

(b)   Attorneys suspended for misconduct.

(1)   Time of application.

  A suspended attorney may apply for reinstatement after the expiration of the period of suspension and as provided in the order of suspension.

  When an attorney has been suspended for a period of more than one year, the Appellate Division may deny the application with leave to renew upon submission of proof of successful completion of the New York State Bar Examination described in 22 NYCRR 520.8.

  (2)   Procedure.

  An attorney suspended for misconduct by order of the Appellate Division may apply for reinstatement by making a motion, as provided in 22 NYCRR 1022.28 (a) (2). When an attorney has been suspended for a period of more than six months, the attorney shall personally appear before the Appellate Division on the return date of the application, unless otherwise directed by the Appellate Division. An attorney suspended for a period of six months or less shall not be required to appear before the Appellate Division, unless otherwise directed by the Appellate Division.

  (3)   Necessary papers.

  An applicant for reinstatement shall file an original and 12 copies of the application. When an attorney has been suspended for a period of more than six months, papers on an application for reinstatement following suspension shall include: a notice of motion; a copy of the order of suspension; a copy of the Per Curiam Opinion of the Appellate Division, if any; a completed questionnaire in the form included in Appendix A; proof of successful completion of the Multistate Professional Responsibility Examination described in 22 NYCRR 520.9; and proof of service of one copy of the application on the chief attorney.

  When an attorney has been suspended for a period of six months or less, papers on an application for reinstatement following suspension shall include: an affidavit of the suspended attorney demonstrating compliance with the order of suspension and with 22 NYCRR 1022.27; a copy of the order of suspension; a copy of the Per Curiam Opinion of the Appellate Division, if any; and proof of service of one copy of the application on the chief attorney.

  The Appellate Division may direct an attorney to file a completed questionnaire in the form included in Appendix A.

  (4)   Responding papers.

  Responding papers may be filed as provided in 22 NYCRR 1022.28 (a) (4).

(c)   Attorneys suspended pursuant to 22 NYCRR 1022.23.

  (1)   Time of application.

  An attorney suspended pursuant to 22 NYCRR 1022.23 (a) may apply for reinstatement at such time as the attorney is declared competent.

  An attorney suspended pursuant to Rule 1022.23 (b) may apply for reinstatement as provided in the order of suspension or at such time as the attorney is no longer incapacitated from practicing law.

  (2)   Procedure.

  An attorney suspended pursuant to 22 NYCRR 1022.23 (a) or (b) may apply for reinstatement by making a motion as provided in 22 NYCRR 1022.28 (a) (2). The attorney shall personally appear before the Appellate Division on the return date of the application, unless otherwise directed by the Appellate Division.

  The Appellate Division may appoint a medical expert to examine the suspended attorney or may require the suspended attorney to be examined at the attorney's expense. The Appellate Division may require the suspended attorney to submit records of medical or psychiatric care made during the period of disability.

  (3)   Necessary papers.

  An applicant for reinstatement shall file an original and 12 copies of the application. Papers on an application for reinstatement following suspension pursuant to 22 NYCRR 1022.23 shall include a notice of motion; a copy of the order of suspension; a copy of the Per Curiam Opinion of the Appellate Division, if any; proof, in evidentiary form, of a declaration of competency or of the attorney's capacity to practice law; proof of service of one copy of the application on the chief attorney; and, when the suspension was for a period of one year or more, a completed questionnaire in the form included in Appendix A; proof of successful completion of the Multistate Professional Responsibility Examination described in 22 NYCRR 520.9; and proof of service of one copy of the application on the chief attorney.

(4)   Responding papers.

  Responding papers may be filed, as provided in 22 NYCRR 1022.28 (a) (4).

(d)   Attorneys removed from roll of attorneys after voluntary

    resignation.

  (1)   Time of Application.

  Attorneys removed from the roll of attorneys after voluntarily resigning from practice pursuant to 22 NYCRR 1022.26 (b) may apply for reinstatement to practice at any time upon a showing of changed circumstances.

  When the attorney has been removed from the roll of attorneys for a period of one year or more, the Appellate Division may require that the attorney submit proof of successful completion of the Multistate Professional Responsibility Examination described in 22 NYCRR 520.9 or may direct that the application be denied with leave to renew upon submission of proof of successful completion of the New York State Bar Examination described in 22 NYCRR 520.8.

(2)   Procedure.

  An attorney removed from the roll of attorneys pursuant to 22 NYCRR 1022.26 (b) may apply for reinstatement to practice by submitting to the Appellate Division an affidavit along with supporting documentation showing:

(i)   the jurisdiction or jurisdictions where the attorney is admitted and that the attorney is in good standing in each jurisdiction where admitted and is not the subject of a pending disciplinary proceeding or complaint;

(ii)   the attorney's current address and, when applicable, date that the attorney left the State of New York;

(iii)   facts demonstrating a change of circumstances subsequent to entry of the order accepting the attorney's voluntary resignation; and

(iv)   payment of attorney registration fees outstanding at the time of the voluntary resignation and that accrued during the period between the entry of the order removing the attorney from the roll of attorneys and the filing of the application for reinstatement.

  When the attorney has been removed from the roll of attorneys for a period of one year or more, the attorney shall personally appear before the Appellate Division at [3] 2 p.m. on the next date scheduled for disciplinary proceedings following the filing of the application, unless otherwise directed by the Appellate Division. Attorneys removed from the roll of attorneys for a period of less than one year prior to the application for reinstatement shall not be required to appear before the Appellate Division, unless otherwise directed by the Appellate Division.

  Twelve copies of the application shall be filed, along with proof of service of one copy of the application on the chief attorney, in the Appellate Division no later than the Friday preceding the next scheduled disciplinary date.

  (3)   Necessary papers.

  Unless otherwise directed by the Appellate Division pursuant to 22 NYCRR 1022.28 (d) (2), papers on an application for reinstatement following the entry of an order of voluntary resignation shall include the affidavit described in 22 NYCRR 1022.28 (d) (2); a copy of the order removing the attorney from the roll of attorneys; the Per Curiam Opinion of the Appellate Division, if any; and proof of service of one copy of the application on the chief attorney.

  The Appellate Division may direct an attorney to file a completed questionnaire in the form included in Appendix A.

    (4)   Responding papers

  Responding papers may be filed as provided in 22 NYCRR 1022.28 (a) (4).