Article 94. Admission to Practice · Last amended 1985 · Last verified July 21, 2026
In one sentenceCPLR 9403 lets a presiding justice transfer a pending bar application to another judicial district's committee for one of four specific reasons, on the written request of the committee chair.
Full Text of CPLR 9403
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Notwithstanding rule 9402, any application for admission to practice pending before a committee, may be referred to the committee for another judicial district in the same or another department by order or direction of the presiding justice of the appellate division of the department embracing the district in which the application is pending. Such order or direction may be made only upon the written request of the chairman or acting chairman of the committee before which the application is pending and only upon his written certification either:
1. that the applicant, since he applied to take the bar examination or to dispense with such examination or since he applied on motion to be admitted to practice, has changed his actual residence to such other judicial district in the same or other department, or, if not a resident of the state, has acquired full-time employment in or changed his place of full-time employment to such other judicial district in the same or other department; or 2. that the majority of the members of such committee are not qualified to vote on the application or have disqualified themselves from voting or have refrained from voting thereon; or 3. that the members of such committee are equally divided in their opinion as the application; or 4. that strict compliance with rule 9402 will cause undue hardship to the applicant.
Plain-English Summary
CPLR 9403 is an exception to the ordinary referral rule in CPLR 9402. It lets an application that is already pending before one committee move to the committee for a different judicial district, either within the same department or in another department. That move happens by order or direction of the presiding justice of the Appellate Division for the department where the application currently sits.
The transfer is not automatic. It requires a written request from the chairman, or acting chairman, of the committee currently handling the application, plus a written certification of one of four grounds listed in the statute. Those grounds are: the applicant has changed actual residence, or changed the location of full-time employment, to the other district since applying; a majority of the current committee's members are not qualified to vote, have disqualified themselves, or have refrained from voting; the committee members are equally divided on the application; or strict adherence to the normal referral rule would cause the applicant undue hardship.
In practice, this section gives the system a release valve for applicants who move or change jobs mid-process, and for committees that cannot reach a decision because of recusals or a tie.
Frequently Asked Questions
Can my bar application be referred to a different judicial district?
Yes, but only under CPLR 9403's procedure. The presiding justice of the relevant Appellate Division department must order the transfer, based on a written request and certification from the committee chair showing one of the four grounds the statute lists.
What if I move to a different part of the state after I apply?
A change in actual residence, or a change in the location of full-time employment for applicants who are not New York residents, to another judicial district since the application was filed is one of the four grounds for transfer under this section.
What happens if the committee members are split on my application?
If the members are equally divided in their opinion of the application, that division is itself a ground for the presiding justice to refer the matter to another district's committee.
Who has to request the transfer?
The chairman or acting chairman of the committee currently handling the application must make the written request; the applicant cannot request the transfer directly.
What if committee members cannot vote on my application?
If a majority of the committee members are not qualified to vote, have disqualified themselves, or have refrained from voting, that is a separate ground the chair can certify to support a transfer.
Does a transfer mean my application will be approved?
No. Moving the application to another district's committee only changes who investigates it. This is legal information about the referral procedure, not advice on the outcome of any application.
Amendment History
Add, L 1962, ch 308, § 1; amd, L 1985, ch 226, § 5, 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 9403 referral to another judicial districttransfer bar application New York districtsCPLR 9403 presiding justice referralchanging bar committee district New YorkCPLR 9403 undue hardship bar application