Article 94. Admission to Practice · Last amended 1985 · Last verified July 21, 2026
In one sentenceCPLR 9406 conditions the character committee's certificate and admission to practice on satisfactory proof that the applicant supports the federal and state constitutions and has complied with all applicable admission requirements.
Full Text of CPLR 9406
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No person shall receive said certificate from any committee and no person shall be admitted to practice as an attorney and counselor at law in the courts of this state, unless he shall furnish satisfactory proof to the effect:
1. that he supports the constitutions of the United States and of the state of New York; and 2. that he has complied with all the requirements of the applicable statutes of this state, the applicable rules of the court of appeals and the applicable rules of the appellate division in which his application is pending, relating to the admission to practice as an attorney and counselor at law.
Plain-English Summary
CPLR 9406 sets the final proof requirements before an applicant can receive a certificate from the committee or be admitted to practice as an attorney and counselor at law. The applicant must furnish satisfactory proof of two things.
First, that the applicant supports the constitutions of the United States and of the State of New York. Second, that the applicant has complied with all the requirements of the applicable statutes of New York, the applicable Court of Appeals rules, and the applicable rules of the Appellate Division where the application is pending, relating to admission to practice.
This section functions as a backstop to the certificate process in CPLR 9404: even after a committee investigates character and fitness, no certificate can issue and no admission can occur without this additional proof of constitutional support and compliance with the governing admission rules.
Frequently Asked Questions
What proof does an applicant have to furnish under CPLR 9406?
Proof that the applicant supports the United States and New York constitutions, and proof of compliance with all applicable statutes and court rules governing admission to practice.
Is this the same as the character and fitness certificate?
It is related but distinct. CPLR 9404 covers the committee's certificate after its character and fitness investigation; CPLR 9406 adds separate proof requirements that must be satisfied before that certificate can issue or admission can occur.
Whose rules count as 'applicable' under this section?
The statute references the applicable statutes of New York, the applicable rules of the Court of Appeals, and the applicable rules of the Appellate Division where the application is pending.
Can someone be admitted without this proof?
No. The statute states that no certificate and no admission can occur unless the applicant furnishes satisfactory proof of both elements.
Does CPLR 9406 describe how the proof is submitted?
No. It states what must be proven, not the mechanics of submission; those mechanics are handled through the statement or questionnaire process described in CPLR 9404.
Is this section a checklist guaranteeing admission if satisfied?
No. It sets minimum proof requirements. This is legal information about the admission process, not advice on whether any individual applicant will be admitted.
Amendment History
Add, L 1962, ch 308, § 1; amd, L 1963, ch 532, § 2; L 1965, ch 675, § 2; L 1978, ch 294, § 1; L 1985, ch 226, § 6, 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 9406 proofNew York bar admission proof requirementssupport constitution bar admission New YorkCPLR 9406 compliance with admission rulesrequirements to be admitted to practice New York