IN RE: ATTORNEYS IN VIOLATION OF JUDICIARY LAW § 468–A. (2021)

MEMORANDUM AND ORDER ON MOTION

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]).¹

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 N.Y.2d 549, 556, 626 N.Y.S.2d 982, 650 N.E.2d 829 [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 misconduct warranting the imposition of discipline (see Matter of Attorneys in Violation of Judiciary Law § 468–a, 172 A.D.3d 1706, 1707, 104 N.Y.S.3d 211 [2019];  Matter of Attorneys in Violation of Judiciary Law 468–a, 65 A.D.3d 1447, 885 N.Y.S.2d 441 [2009];  Matter of Arms, 251 A.D.2d 743, 743–744, 674 N.Y.S.2d 156 [1998];  Matter of Ryan, 238 A.D.2d 713, 713–714, 656 N.Y.S.2d 444 [1997];  Matter of Farley, 205 A.D.2d 874, 874–875, 613 N.Y.S.2d 458 [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 A.D.3d 1349, 95 N.Y.S.3d 371 [2019];  Matter of Jing Tan, 164 A.D.3d 1515, 82 N.Y.S.3d 272 [2018]).

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

ORDERED that this memorandum and order on motion shall be deemed served upon respondents by (1) its continuous publication on this Court's website, (2) weekly publication on this Court's Twitter account for a period not to exceed 30 days, (3) email delivery of this memorandum and order on motion to “any and all email addresses on file” for each respondent with the Office of Court Administration, and (4) first-class mail to the last-known home address of each respondent without an email address on file with the Office of Court Administration.

Attachment

FOOTNOTES

1.   We take the opportunity to once again remind the bar that, over and above the biennial registration requirement, every New York attorney also has an affirmative duty to keep the Office of Court Administration apprised of his or her up-to-date contact information (see Rules of Chief Admin of Cts [22 NYCRR] § 118.1[f]).

Per Curiam.

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