What appellate remedies are available for a New York lawyer aggrieved by a disciplinary decision of a special referee or hearing panel? The short answer is, "win below," because opportunities for judicial review are limited, and the likelihood of reversal or modification is not high. This is especially true when a disciplinary determination is based, in substantial part, on the fact-finder’s assessment of credibility. The following summarizes the few avenues of appellate review for attorneys seeking to overturn or modify adverse disciplinary determinations.
Administrative Review
In each of the four departments, formal disciplinary proceedings, entailing full evidentiary hearings, are conducted by court-appointed special referees.1 The referees then issue a written report, generally within 30 days of post-hearing submissions, setting forth findings of fact, conclusions of law and, at least in the First Department, a recommendation as to sanction.2
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
