D. De Novo Review

• Jurisdiction: New York

D. De Novo Review

A party aggrieved by the arbitration award may commence an action on the merits in dispute in court within 30 days after the mailing of the award.¹⁶⁷ Although commencing an action for de novo review seems like a straightforward proposition, it has proved to be problematic in the short time since the Fee Dispute Resolution Program has been in existence.¹⁶⁸ The rule is silent about the procedure necessary to commence the action.¹⁶⁹ Courts, therefore, have had to improvise when confronted with a demand for de novo review.¹⁷⁰ Although an informal memorandum was issued in February 2006 by the Office of Alternative Dispute Resolution Programs, generally recommending that an aggrieved party should seek a trial de novo by a declaratory judgment action to be commenced in Supreme Court, at least one court has called for a review of the 22 N.Y.C.R.R. § 137 Rules "with a mind toward the articulation of specific procedures to bring these actions before the court for judicial review when such review is warranted."¹⁷¹ If no action is commenced, the...