IN RE: Michael J. TOOHEY (2024)

MEMORANDUM AND ORDER ON MOTION

Michael J. Toohey was admitted to practice by this Court in 1976 and lists a business address in Saratoga County with the Office of Court Administration.  Toohey 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 (see Rules for Atty Disciplinary Matters [22 NYCRR] § 1240.22[a][1];  see also Matter of Singh, 211 A.D.3d 1417, 1417, 178 N.Y.S.3d 714 [3d Dept. 2022]).

In making an application for nondisciplinary resignation, an attorney must submit an affidavit, subscribed and sworn to before a notary public or other person authorized to administer an oath, that is worded and numbered as set forth in Rules for Attorney Disciplinary Matters (22 NYCRR) part 1240, appendix E. In doing so, an attorney may not omit any inapplicable passages, but rather must provide complete responses to every numbered paragraph as provided for in appendix E. Accordingly, inasmuch as Toohey's application fails to comport with appendix E, we deny the application (compare Matter of Stetson, 220 A.D.3d 1007, 1008, 195 N.Y.S.3d 825 [3d Dept. 2023]).

ORDERED that Michael J. Toohey's application for permission to resign is denied.

Per Curiam.

Aarons, J.P., Reynolds Fitzgerald, Fisher, McShan and Mackey, JJ., concur.