This month we discuss two cases addressing questions certified by the U.S. Court of Appeals for the Second Circuit, one responding to a question as to whether a non-resident lawyer admitted to practice in New York must maintain a physical office in the state in order to practice here and one responding to a question of contractual interpretation of an oil and gas lease in the context of then-governor David Paterson’s 2008 moratorium on “fracking.” We also discuss a case in which the court declined to rule on a question concerning police officers’ reasonable suspicion in stopping two robbery suspects.
Admitted Nonresidents
In Schoenefeld v. State of New York, the Second Circuit certified to the court the question of what are the minimum requirements necessary to satisfy §470 of New York’s Judiciary Law, which requires lawyers admitted in New York, but who reside outside the state, to maintain an “office for the transaction of law business” within the state in order to practice law here.
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