IN RE: David Denning SCAGLIONE (2023)

MEMORANDUM AND ORDER ON MOTION

David Denning Scaglione was admitted to practice by this Court in 1990 and lists a business address in Tucson, Arizona with the Office of Court Administration.  Scaglione now seeks leave to resign from the New York bar for nondisciplinary reasons (see Rules for Atty Disciplinary Matters [22 NYCRR] § 1240.22[a]).  The Attorney Grievance Committee for the Third Judicial Department (hereinafter AGC) opposes the application by correspondence from its Chief Attorney.

As is noted by AGC, Scaglione is presently delinquent in his New York attorney registration requirements, having failed to register for the 2022–2023 biennial period (see Judiciary Law § 468–a;  Rules of Chief Admr of Cts [22 NYCRR] § 118.1).  Inasmuch as Scaglione is therefore subject to potential disciplinary action (see Judiciary Law § 468–a [5];  Rules of Professional Conduct [22 NYCRR 1200.0] rule 8.4[d];  see also Matter of Attorneys in Violation of Judiciary Law § 468–a, 113 A.D.3d 1020, 1021, 984 N.Y.S.2d 134 [3d Dept. 2014]), he is ineligible for nondisciplinary resignation and his application must be denied (see Matter of Cluff, 148 A.D.3d 1346, 1346–1347, 47 N.Y.S.3d 919 [3d Dept. 2017];  Matter of Bomba, 146 A.D.3d 1226, 1226–1227, 46 N.Y.S.3d 433 [3d Dept. 2017]).  Further, any future application by Scaglione must be supported by proof of his full satisfaction of the requirements of Judiciary Law § 468–a and Rules of the Chief Administrator of the Courts (22 NYCRR) § 118.1 (see Matter of Frank, 146 A.D.3d 1228, 1228–1229, 46 N.Y.S.3d 434 [3d Dept. 2017]).

ORDERED that David Denning Scaglione's application for permission to resign is denied.

Per Curiam.

Garry, P.J., Lynch, Aarons, Reynolds Fitzgerald and Fisher, JJ., concur.