Matter of Attorneys in Violation of Judiciary Law § 468-a

Appellate Division of the Supreme Court of New York

Matter of Attorneys in Violation of Judiciary Law § 468-a

2021 NY Slip Op 05388

Procedural entryThis page is a short order in Matter of Attorneys in Violation of Judiciary Law § 468-a. Read the opinion of the Court — 2019 NY Slip Op 3883 →

Appellate Division of the Supreme Court of the State of New York·Decided October 7, 2021·No. PM-131-21·Published

Opinion

Matter of Attorneys in Violation of Judiciary Law § 468-a (2021 NY Slip Op 05388)

Matter of Attorneys in Violation of Judiciary Law 468-a

2021 NY Slip Op 05388

Decided on October 7, 2021

Appellate Division, Third Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided and Entered:October 7, 2021

PM-131-21

[*1]In the Matter of Attorneys in Violation of Judiciary Law § 468-a.

Calendar Date:September 13, 2021
Before:Garry, P.J., Lynch, Aarons, Pritzker and Colangelo, JJ.

Monica A. Duffy, Attorney Grievance Committee for the Third Judicial Department, Albany, for Attorney Grievance Committee for the Third Judicial Department.

Per Curiam.

The Attorney Grievance Committee for the Third Judicial Department (hereinafter AGC) moves pursuant to Rules for Attorney Disciplinary Matters (22 NYCRR) § 1240.9 (a) (5) and Rules of the Appellate Division, Third Department (22 NYCRR) § 806.9 for an order suspending respondent attorneys — all of whom either last listed a registration address within this Judicial Department or were admitted to practice by this Court (see generally Rules for Attorney Disciplinary Matters [22 NYCRR] § 1240.7 [a] [2]) — upon the ground that they have failed to fulfill their respective attorney registration obligations for at least two consecutive biennial registration periods since 2016 (see Judiciary Law § 468-a; Rules of the Chief Admin of Cts [22 NYCRR] § 118.1). Respondents were noticed of the application pursuant to the terms of an order to show cause issued by this Court which was marked returnable September 13, 2021 and which is supported by affidavit of AGC's counsel with exhibits (see generally Judiciary Law § 90 [6]).

Judiciary Law § 468-a and Rules of the Chief Administrator of the Courts (22 NYCRR) § 118.1 both require that attorneys admitted to practice in New York file a registration statement with the Office of Court Administration on a biennial basis. This obligation extends to all attorneys admitted in New York, regardless of where they work or reside, and even applies to attorneys who have been suspended or who have retired from the practice of law altogether (see Rules of Chief Admin of Cts

[22 NYCRR] § 118.1 [a]-[c], [g]). After an attorney's initial registration upon admission to the bar, the obligation to register is triggered by the attorney's birthdate every other year thereafter, and an attorney has a 30-day grace period following his or her birthdate in which to satisfy the obligation (see Judiciary Law § 468-a [2]; Rules of Chief Admin of Cts [22 NYCRR] § 118.1 [a]-[c]). Since the registration requirement applies "for as long as the attorney remains duly admitted to the New York bar" (Rules of Chief Admin of Cts

[22 NYCRR] § 118.1 [a]-[c]), it may only be terminated by the attorney's death, disbarment or formal resignation upon order of the Appellate Division (see generally Rules for Attorney Disciplinary Matters [22 NYCRR] § 1240.22 [a]).^[FN1]

The failure to duly register as an attorney "shall constitute conduct prejudicial to the administration of justice and shall be referred to the appropriate appellate division . . . for disciplinary action" (Judiciary Law § 468-a [5]; see Benjamin v Koeppel, 85 NY2d 549, 556 [1995]; Rules of Chief Admin of Cts [22 NYCRR] § 118.1 [h]). To be sure, the Rules of Professional Conduct explicitly define "conduct that is prejudicial to the administration of justice" as attorney misconduct (see Rules of Professional Conduct [22 NYCRR 1200.0] rule 8.4 [d]), and this Court has repeatedly and consistently held that an attorney's failure to comply with his or her registration requirements is professional [*2]misconduct warranting the imposition of discipline (see Matter of Attorneys in Violation of Judiciary Law § 468-a, 172 AD3d 1706, 1707 [2019]; Matter of Attorneys in Violation of Judiciary Law § 468-a, 65 AD3d 1447 [2009]; Matter of Arms, 251 AD2d 743, 743—744 [1998]; Matter of Ryan, 238 AD2d 713, 713—714 [1997]; Matter of Farley, 205 AD2d 874, 874—875 [1994]).

AGC has put forth uncontroverted evidence of each respondent's misconduct in the form of documentary proof that each respondent has repeatedly failed to fulfill his or her attorney registration obligations and remains delinquent in that obligation to date (see Rules for Attorney Disciplinary Matters [22 NYCRR] § 1240.9 [a] [5]). Accordingly, AGC's motion is hereby granted and each respondent listed on the schedule attached hereto is suspended, effective immediately and until further order of this Court (see Rules for Attorney Disciplinary Matters [22 NYCRR] § 1240.16; see also Matter of Attorneys in Violation of Judiciary Law § 468-a [D'Alessandro], 169 AD3d 1349 [2019]; Matter of Jing Tan, 164 AD3d 1515 [2018]).

Garry, P.J., Lynch, Aarons, Pritzker and Colangelo, JJ., concur.

ORDERED that the motion of the Attorney Grievance Committee for the Third Judicial Department is granted; and it is further

ORDERED that each respondent listed on the schedule attached hereto is suspended from the practice of law, effective immediately, and until further order of this Court; and it is further

ORDERED that, for the period of suspension, respondents are commanded to desist and refrain from the practice of law in any form in the State of New York, either as principals or as agents, clerks or employees of another; and respondents are hereby forbidden to appear as attorneys or counselors-at-law before any court, judge, justice, board, commission or other public authority, or to give to another an opinion as to the law or its application, or any advice in relation thereto, or to hold themselves out in any way as attorneys and counselors-at-law in this State; and it is further

ORDERED that respondents shall comply with the provisions of the Rules for Attorney Disciplinary Matters regulating the conduct of suspended attorneys and shall duly certify to the same in their affidavits of compliance (see Rules for Attorney Disciplinary Matters [22 NYCRR] § 1240.15); and it is further

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