In the event that any applicant has made a prior application for admission to practice in this state or in any other jurisdiction, then upon said statement or questionnaire or in an accompanying signed statement, he shall set forth in detail all the facts with respect to such prior application and its disposition. If such prior application had been filed in any appellate division of this state and if the applicant failed to obtain a certificate of good character and fitness from the appropriate character committee or if for any reason such prior application was disapproved or rejected either by said committee or said appellate division, he shall obtain and submit the written consent of said appellate division to the renewal of his application in that appellate division or in any other appellate division.
R 9405.Prior application.
Article 94. Admission to Practice · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 9405 requires an applicant who previously applied for admission anywhere to disclose that prior application and its outcome, and requires prior appellate division consent to reapply after an earlier rejection.
Full Text of CPLR 9405
Plain-English Summary
CPLR 9405 deals with applicants who have been down this road before. If someone applying for admission in New York previously applied for admission to practice, whether in New York or in any other jurisdiction, the applicant must set out all the facts about that prior application and how it was resolved. This disclosure goes on the statement or questionnaire described in CPLR 9404, or in a separate signed statement accompanying it.
The section adds a further requirement when the prior application was made to a New York Appellate Division and did not succeed. If the applicant failed to get a certificate of good character and fitness from the relevant character committee, or if the application was disapproved or rejected by either that committee or the Appellate Division for any reason, the applicant must obtain the written consent of that Appellate Division before renewing the application, whether the renewal is filed in the same Appellate Division or a different one.
This section works alongside CPLR 9404's certificate requirement: it makes sure a committee reviewing a new application knows about, and where relevant has been cleared by the same court on, any earlier attempt that did not go well.
Frequently Asked Questions
Do I have to disclose a prior bar application in another state?
Yes. CPLR 9405 requires disclosure of any prior application for admission to practice, whether filed in New York or any other jurisdiction, along with details of how it was disposed of.
What if my earlier New York application was rejected?
If a prior application to a New York Appellate Division failed to produce a certificate of good character and fitness, or was disapproved or rejected by the committee or the Appellate Division, you must obtain that Appellate Division's written consent before renewing the application.
Do I need consent to reapply if my prior rejection was in a different department?
The statute requires the written consent of the Appellate Division that disapproved or rejected the earlier application, regardless of whether the renewed application is filed in that same Appellate Division or in a different one.
Where do I disclose a prior application?
The disclosure goes in the statement or questionnaire referenced in CPLR 9404, or in a separate signed statement submitted along with it.
What details does the disclosure have to include?
The statute calls for all the facts regarding the prior application and its disposition, not merely the fact that one was filed.
Does obtaining consent to reapply mean I will be admitted this time?
No. Consent to renew the application only clears the way to reapply; the committee and Appellate Division still have to evaluate the renewed application on its merits. This is not advice on the likely outcome of any application.
Amendment History
Add, L 1962, ch 308, § 1, eff Sept 1, 1963.
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 9405 prior applicationreapplying to New York bar after rejectiondisclosing prior bar application New YorkCPLR 9405 renewal of bar applicationNew York bar application prior denial consent