Senate Bill S5445

Signed By Governor
2009-2010 Legislative Session

Provides that actions by the attorney general for unlawful practice of law shall include both civil and criminal actions

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Sponsored By

Archive: Last Bill Status Via A4300 - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-S5445 (ACTIVE) - Details

See Assembly Version of this Bill:
A4300
Law Section:
Judiciary Law
Laws Affected:
Amd ยงยง476-a & 476-b, Judy L

2009-S5445 (ACTIVE) - Summary

Provides that actions by the attorney general for unlawful practice of law shall be construed to include both civil and criminal actions; makes conforming changes.

2009-S5445 (ACTIVE) - Sponsor Memo

2009-S5445 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5445

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               May 6, 2009
                               ___________

Introduced  by  Sen. SAMPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the judiciary law, in relation to actions  for  unlawful
  practice of law

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The opening paragraph of subdivision 1 of section 476-a  of
the  judiciary  law,  as  amended by chapter 709 of the laws of 1965, is
amended to read as follows:
  The attorney-general may maintain an action upon his OR HER own infor-
mation or upon the complaint of a private person or of a bar association
organized and existing under the laws of this state against any  person,
partnership,  corporation,  or  association,  and  any  employee, agent,
director, or officer thereof who commits  any  act  or  engages  in  any
conduct  prohibited  by law as constituting the unlawful practice of the
law.  THE TERM "ACTION" AS USED IN THIS SUBDIVISION SHALL  BE  CONSTRUED
TO INCLUDE BOTH CIVIL ACTIONS AND CRIMINAL ACTIONS.
  S  2. Subdivision 2 of section 476-a of the judiciary law, as added by
chapter 310 of the laws of 1962, is amended to read as follows:
  2. Such [an] A CIVIL action may also be maintained by  a  bar  associ-
ation  organized  and  existing under the laws of the state of New York,
upon an application to the supreme court of the state of New York, or  a
justice  thereof, for leave to bring the same by such bar association on
good cause shown therefor and proof that a written request was made upon
the attorney-general to bring such an action and that more  than  twenty
days  have  elapsed  since  the making of such request and he OR SHE has
failed or refused to bring such an action.
  S 3. Section 476-b of the judiciary law, as added by  chapter  310  of
the laws of 1962, is amended to read as follows:
  S  476-b.  Injunction  to restrain defendant from unlawful practice of
the law. In [an] A CIVIL action brought as prescribed  in  section  four

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02573-01-9
              

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