A state appeals court has denied nunc pro tunc waiver requests by a Massachusetts assistant attorney general and a private lawyer that would have allowed them to appear in a civil action brought against Massachusetts-based police departments.

An Appellate Division, Third Department, panel has rejected applications by assistant attorney general Abigail Fee and David Lawless, the private lawyer, for a nunc pro tunc waiver of Judiciary Law §470. The law provides that lawyers admitted in New York state, residing in an adjoining state, may practice in New York provided they keep a New York office.