Every application for admission to practice pursuant to the provisions of paragraph a of subdivision one of section ninety of the judiciary law by a person who has been certified by the state board of law examiners, in accordance with the provisions of section four hundred sixty-four of said law, shall be referred by the appellate division to the committee for a district in its judicial department. Every application for admission to practice which is made on motion without the taking of the bar examination, pursuant to rules of the court of appeals and the provisions of paragraph b of subdivision one of section ninety of the judiciary law, by a person already admitted to practice in another jurisdiction, shall be referred by the appellate division to the committee for a district in its judicial department.
R 9402.Application for admission.
Article 94. Admission to Practice · Last amended 1985 · Last verified July 21, 2026
In one sentenceCPLR 9402 directs the Appellate Division to refer every bar application, whether based on the bar exam or on motion from another jurisdiction, to the character and fitness committee for a district within its department.
Full Text of CPLR 9402
Plain-English Summary
CPLR 9402 describes the two paths an application for admission can take before it ever reaches a character and fitness committee. The first path covers applicants who took and passed the bar examination and have been certified by the State Board of Law Examiners under Judiciary Law section 464. The Appellate Division refers that application to the committee for a district within its department.
The second path covers applicants who seek admission on motion, without sitting for the New York bar exam, because they are already admitted to practice in another jurisdiction. Judiciary Law section 90 and the Court of Appeals rules govern who qualifies for this route, but once such an application is filed, CPLR 9402 requires the same referral: the Appellate Division sends it to the committee for a district in its department.
Either way, the section funnels every application into the committee system established by CPLR 9401. The committee then investigates and, if satisfied, issues the certificate described in CPLR 9404.
Frequently Asked Questions
What two kinds of applicants does CPLR 9402 cover?
Applicants certified by the State Board of Law Examiners after taking the bar exam, and applicants seeking admission on motion without the exam because they are already admitted in another jurisdiction.
Who decides which committee gets my application?
The Appellate Division makes the referral, sending the application to the committee for a district within its own department.
Do exam applicants and motion applicants go through different committees?
No. Both types of applications are referred to a district committee within the department under the same procedure described in this section.
What law governs admission on motion without an exam?
Judiciary Law section 90, subdivision one, paragraph b, together with the Court of Appeals rules, governs eligibility for admission on motion. CPLR 9402 only addresses the referral of such an application once filed.
Does referral to a committee guarantee admission?
No. Referral only starts the character and fitness investigation. The committee still has to complete its inquiry and issue a certificate before the applicant can be admitted.
Can my application be sent to a committee outside my department?
Not under this section by itself. CPLR 9402 keeps referrals within the applicant's own department; a transfer to a different judicial district requires the separate procedure in CPLR 9403.
Amendment History
Add, L 1962, ch 308, § 1; amd, L 1985, ch 226, § 4, eff June 18, 1985.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: CPLR 9402 application for admissionNew York bar application referral statuteCPLR 9402 admission on motionhow bar applications are referred to committees NYCPLR 9402 state board of law examiners