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New York Consolidated Laws

N.Y. Judiciary Law § 53 (2026)

Rule-making power of court of appeals as to admission of attorneys and counsellors

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 53. Rule-making power of court of appeals as to admission of
attorneys and counsellors. 1. The court of appeals may from time to time
adopt, amend, or rescind rules not inconsistent with the constitution or
statutes of the state, regulating the admission of attorneys and
counsellors at law, to practice in all the courts of record of the
state.
  2. The court may make such provisions as it shall deem proper for
admission to practice as attorneys and counsellors, of persons who have
been admitted to practice in other states or countries.
  3. The court shall prescribe rules providing for a uniform system of
examination of candidates for admission to practice as attorneys and
counsellors, which shall govern the state board of law examiners in the
performance of its duties. The court shall not by its rules cause to be
barred from examination or, upon successful completion of the
examination process, subsequent admission to the state bar, provided he
or she shall otherwise meet any requirements for admission, any person
who is currently admitted to practice in the jurisdiction of another
state and has received a degree from a law school which qualifies such
person to practice law in such state, other than a law school which
grants credit for correspondence courses, provided that such person has
been engaged in the actual practice of law in the state in which they
are admitted for no less than five years.
  4. The rules established by the court of appeals, touching the
admission of attorneys and counsellors to practice in the courts of
record of the state, shall not be changed or amended, except by a
majority of the judges of that court. A copy of each amendment to such
rules must, within five days after it is adopted, be filed in the office
of the secretary of state.
  5. Nothing contained in this chapter prevents the court of appeals
from dispensing, in the rules established by it, with the whole or any
part of the stated period of clerkship required from an applicant, or
with the examination where the applicant is a graduate of the Albany law
school, Union university, or of the New York university school of law,
or of the school of law of Columbia university, or of the university of
Buffalo school of law, or of the Cornell law school, or of the Syracuse
university college of law, or of the Brooklyn law school, or of the
Fordham university school of law, or of any law school, duly registered
by the regents of the university of the state of New York which requires
a three year course for graduation and produces his diploma upon his
application for admission to practice.
  6. Nothing contained in this chapter prevents the court of appeals
from adopting rules for the licensing, as a legal consultant, without
examination and without regard to citizenship, of a person admitted to
practice in a foreign country as an attorney or counsellor or the
equivalent. Any person so licensed shall not practice in the courts of
the state but may render legal services in the state within limitations
prescribed in rules adopted by the court of appeals and shall subject to
the foregoing be governed by the provisions of section ninety and
article fifteen of this chapter.
Notes of Decisions
Cited in 14 cases (2 in the last 5 years), 1985–2022 · leading case: Matter of Application of Cesar Adrian Vargas for Admission to the Bar of the State of New York., 131 A.D.3d 4 (N.Y. App. Div. 2d Dep't 2015).
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Matter of Application of Cesar Adrian Vargas for Admission to the Bar of the State of New York., 131 A.D.3d 4 (N.Y. App. Div. 2d Dep't 2015). · cites it 6× “Further, we hold, in light of this State’s allocation of authority to the judiciary to regulate the granting of professional licenses to practice law (see Judiciary Law § 53 [1]), that the judiciary may exercise its authority as the state sovereign to opt out of the restrictions…”
T.W. v. Bd. of Law Examiners, 996 F.3d 87 (2d Cir. 2021). “Absent any connection, other than that both entities are under the UCS umbrella, the Board is not a “program or activity” of the Courts of Original Jurisdiction, the only department that receives federal funding.”
Berman v. City of New York, 37 N.E.3d 82 (N.Y. 2015). “With respect to the licensing of attorneys, Judiciary Law § 53 designates to this Court the authority to “adopt, amend, *695 or rescind rules not inconsistent with the constitution or statutes of the state, regulating the admission of attorneys and counsellors at law, to…”
Forti v. New York State Ethics Comm'n, 554 N.E.2d 876 (N.Y. 1990). “Indeed, the very power of this court to prescribe rules for the admission of attorneys is derived from the Legislature (see, Judiciary Law § 53; see also, § 90 [authorizing the Appellate Divisions to administer character and fitness, as well as disciplinary, procedures]).”
Eric M. Berman, P.C. v. City of New York, 895 F. Supp. 2d 453 (E.D.N.Y. 2012). “” N.Y. Jud. L. § 53 (l)-(2). Most importantly for purposes of this action, § 90 provides, in relevant part: The supreme court shall have power and control over attorneys and counsellorsat-law and all persons practicing or assuming to practice law, and the appellate division of…”
In re the Est. of Stalbe, 130 Misc. 2d 725 (N.Y. Sur. Ct. 1985). “Judiciary Law §§ 53, 90). Similarly, even in the absence of objection this court is charged with the responsibility to assure itself that commissions claimed by a fiduciary have been accurately computed in accordance with law (SCPA 2307; Matter of Marri, 79 Misc 2d 990 ).”
Baccus v. Karger, 692 F. Supp. 290 (S.D.N.Y. 1988). · cites it 2× “N.Y.Jud.Law § 53 (McKinney 1983). The Rules for Admission of Attorneys and Counselors at Law, N.”
Stegemann v. Rensselaer Cnty. Sheriff's Off., 153 A.D.3d 1053 (N.Y. App. Div. 3d Dep't 2017). “In addition to holding that no statutory authority exists for granting the waivers, we also find that creating an avenue for nonresident attorneys to obtain a waiver of the law office requirement would amount to the type of rulemaking reserved for the Court of Appeals (see…”
In re Anonymous, 577 N.E.2d 51 (N.Y. 1991). “Section 53 of the Judiciary Law vests the Court of Appeals with broad authority to promulgate rules regulating the admission of attorneys to practice in this State, including the power to provide for a uniform system of examining candidates seeking admission (Judiciary Law § 53…”
Anonymous v. Kaye, 987 F. Supp. 131 (N.D.N.Y. 1997). · cites it 2× “” N.Y. Judiciary Law § 53 (3) (McKinney Supp.”
In re the Est. of Corya, 148 Misc. 2d 723 (N.Y. Sur. Ct. 1990). “Bank v Brower, 42 NY2d 471, 474 [1977]; cf, Judiciary Law §§ 53, 90; art 15), and to limit compensation to such sum as appears to be just and reasonable under the circumstances.”
Koeppel v. Wachtler, 183 A.D.2d 808 (N.Y. App. Div. 2d Dep't 1992). “Judiciary Law § 53 (1) and (3) authorize the Court of Appeals to promulgate rules regulating the admission of attorneys to practice law in New York, including the power to provide for a uniform system of examining candidates seeking admission.”
Show all 14 citing cases →
N.Y. Judiciary Law § 53(6): 1 case
Matter of Alamin, 2018 NY Slip Op 6089 (N.Y. App. Div. 2d Dep't 2018).
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