Repeals provisions relating to allowing attorneys having offices in the state to reside in an adjoining state.
Summary
S02422 would repeal section 470 of the Judiciary Law, eliminating the statutory rule that currently allows an attorney to maintain an office in New York while residing in an adjoining state. In practical terms, the bill removes a residency-related exception tied to where certain attorneys may live if they practice from a New York office.
The measure is straightforward and narrow: it does not create a new licensing regime or change the core qualifications to practice law, but it does remove an existing provision from state law. If enacted, attorneys who rely on the adjoining-state residency allowance would no longer have that statutory protection, and the issue would be governed by the general residency and practice rules applicable under New York law and any related court or bar requirements.
Impact
The bill would amend New York’s Judiciary Law by deleting section 470 in its entirety, thereby changing the legal framework for attorneys who have New York offices but live outside the state. The immediate effect would be to remove the specific statutory authorization for residence in an adjoining state, potentially affecting lawyers practicing near the state border and law firms that employ such attorneys. Because the bill is a repeal, its impact is limited to eliminating this exception rather than adding new obligations or enforcement mechanisms.
Sentiment
The available voting history suggests broad support for the bill. It passed the Senate Judiciary Committee unanimously, 19-0, and later cleared the Senate floor by a wide margin, 60-1. The lack of committee transcript material limits insight into detailed debate, but the vote pattern indicates the measure was generally viewed favorably by senators.
Contention
The main point of contention is the policy choice to remove the adjoining-state residency allowance for attorneys. Supporters likely view the repeal as a cleanup or modernization of an outdated provision, while opponents may see it as an unnecessary restriction that could burden border-area practitioners and law firms with offices in New York. The near-unanimous committee vote and overwhelming floor passage suggest any opposition was limited and did not prevent the bill from advancing.
Removes residency requirements for Washington county deputy county attorneys, provided that they live in Washington county or an adjoining county within the state of New York.
Removes residency requirements for persons holding the office of assistant district attorney for the county of Ulster; provides that a person holding such office may reside in Ulster county or an adjoining county within the state.
Removes residency requirements for persons holding the office of assistant district attorney for the county of Ulster; provides that a person holding such office may reside in Ulster county or an adjoining county within the state.
Permits the village of Croton-on-Hudson to allow the office of assistant village engineer of such village to be held by a person who is not a resident of such village, provided that such person resides within Westchester county or an adjoining county within the state of New York.