The clerk of the appellate division in each department shall keep: 1. a book, properly indexed, or an index, in which shall be entered the title of all proceedings in that court, with entries under each, showing the proceedings taken therein and the final disposition thereof; and 2. a book in which shall be indexed all undertakings filed in the clerk’s office, with a statement of the proceedings in which they are given, and a statement of any disposition or order made of or concerning them; and 3. a book, properly indexed, or an index, which shall contain (a) the name of each attorney admitted to practice in the department, with the date of the attorney’s admission, and (b) the name of each person who has been refused admission or who has been disbarred, disciplined or censured by the court. The clerk of each department shall transmit to the clerk of the court of appeals and to the clerks of the other departments the names of all applicants who had been refused admission, and the names of all attorneys who have resigned or who have been disbarred, disciplined, censured or reinstated by the court.
R 9701.Records to be kept by the clerk of appellate division.
Article 97. Records of Clerks of the Courts · Last amended 1990 · Last verified July 21, 2026
In one sentenceCPLR 9701 requires the clerk of the Appellate Division in each department to keep indexed books recording proceedings, filed undertakings, and admitted or disciplined attorneys, and to share admission and discipline information with other departments and the Court of Appeals.
Full Text of CPLR 9701
Plain-English Summary
CPLR 9701 lists the record-keeping duties of the clerk of the Appellate Division in each judicial department. The clerk must maintain three categories of books or indexes. The first is a properly indexed book, or index, of all proceedings in that court, with entries showing the steps taken in each proceeding and its final disposition. The second is a book indexing all undertakings filed in the clerk's office, along with a statement of the proceeding each undertaking relates to and any disposition or order made concerning it.
The third is a book, again properly indexed, containing the name and admission date of every attorney admitted to practice in the department, as well as the name of every person refused admission or who has been disbarred, disciplined, or censured by the court. The clerk does not keep this information solely for local use: the statute requires the clerk of each department to transmit the names of applicants refused admission, and the names of attorneys who resigned, were disbarred, disciplined, censured, or reinstated, to the clerk of the Court of Appeals and to the clerks of the other departments.
Taken together, this section creates a statewide information-sharing structure so that a person's admission status and disciplinary history are not confined to a single department's records.
Frequently Asked Questions
What records does the clerk of the Appellate Division have to keep?
An indexed book or index of proceedings and their final dispositions, a book indexing filed undertakings, and a book listing attorneys admitted to the department along with anyone refused admission, disbarred, disciplined, or censured.
Does one department know if someone was refused admission in another?
Yes. The clerk of each department must transmit the names of refused applicants, along with names of attorneys who resigned, were disbarred, disciplined, censured, or reinstated, to the clerks of the other departments and to the clerk of the Court of Appeals.
What is an undertaking in this context?
The statute refers to undertakings filed in the clerk's office generally, without limiting the term to a particular type of proceeding; the clerk indexes them along with the proceeding they relate to and any order concerning them.
Does this section explain how an attorney gets disbarred?
No. It only requires the clerk to record the fact of disbarment, discipline, or censure once it occurs; the substantive standards for discipline are found elsewhere.
Is there a separate record for who has been admitted to practice?
Yes. The third required book specifically lists each attorney admitted in the department along with the date of admission.
Is this section about disciplinary standards or recordkeeping?
It is about recordkeeping. This section describes what the clerk must record and share, not the standards a court applies when deciding to admit, discipline, or disbar an attorney.
Amendment History
Add, L 1962, ch 308, § 1; amd, L 1990, ch 184, § 1; L 1990, ch 623, § 2, eff July 18, 1990.
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 9701 records kept by clerk appellate divisionNew York attorney admission records statuteCPLR 9701 disbarment discipline recordsappellate division clerk record keeping requirementsNew York clerk transmit disbarred attorney names