Affidavit In Support Of Application To Resign While Proceeding Or Investigation Is Pending - Supreme Court Of The State Of New York Page 9

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APPENDIX C

Application for Reinstatement to the Bar

After Disbarment or Suspension for More Than Six Months

INSTRUCTIONS

An application pursuant to section 1240.16 (a) and (b) of these Rules for reinstatement to the bar

after disbarment or suspension from practice for more than six months shall comply with the

following requirements:

(1) The application shall be made in the form of a motion.

(2) The moving papers shall bear the caption and the docket number, if any, of the proceeding

resulting in the respondent's disbarment or suspension.

(3) The motion shall be made on notice to the Committee that was the petitioner in the

proceeding leading to the respondent's disbarment or suspension and to the Lawyers' Fund for

Client Protection.

(4) The motion shall be made, noticed, and filed in accordance with the rules of practice of the

Court. Payment of the fee required by CPLR 8022 (b) shall accompany the filing of the motion

papers, unless the movant is exempt from payment thereof pursuant to CPLR 1102.

(5) The motion shall be supported by the affidavit of the respondent, subscribed and sworn to

before a notary public or other person authorized to administer an oath.

(6) The supporting affidavit shall be worded and numbered as set forth below.

(7) In completing the supporting affidavit, the respondent should not omit any passages.

(8) The application may be supplemented by the affidavits or affirmations of counsel

and character witnesses, and with additional appropriate exhibits.

(9) Place the moving papers in the following order:

a. The notice of motion;

b. The respondent's form affidavit;

c. The exhibits supporting that form affidavit;

d. Any additional supporting affidavits or affirmations and exhibits thereto; and

e. Affidavits reflecting service of the moving papers upon the Chief Attorney of the

appropriate Committee and the Lawyers' Fund for Client Protection.

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