ORDERED 30 v. << (2026)

Supreme Court, Appellate Division, Third Department, New York.

DEPARTMENT, Petitioner;JAMES BRODY McMURTRY, Respondent.  (Attorney Registration No. 4636601) Law Offices of Sarah Diane McShea, New York City (Sarah Diane McShea of counsel), for respondent.Motion by respondent for an order reinstating him to the practice of law following his suspension by September 2022 order of this Court (Matter of Attorneys in Violation of Judiciary Law § 468–a, 208 AD3d 1421, 1437 [3d Dept 2022];  see Rules for Atty Disciplinary Matters [22 NYCRR] § 1240.16;  Rules of App.Div., 3d Dept [22 NYCRR] § 806.16).Upon reading  respondent  ‘s notice of motion  convincing evidence, that (1)  respondent  has complied with the order of suspension  the rules of this Court, (2)  respondent  has the requisite character  (3) it would be in the public interest to reinstate  respondent  to the practice of law (see Rules for Atty Disciplinary Matters [22 NYCRR] § 1240.16[a] ), we grant his motion for reinstatement.  Further, having determined that  respondent  is eligible to resign for nondisciplinary reasons, we grant his application 1 ORDERED that respondent ‘s motion for reinstatement is granted; ORDERED that respondent is reinstated as an attorney ORDERED that respondent ‘s application for leave to resign is simultaneously granted ORDERED that respondent ‘s name is hereby stricken from the roll of attorneys ORDERED that respondent is comm respondent is hereby forbidden to appear as an attorney or counselor-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 himself out in any way as an attorney ORDERED that respondent shall, within 30 days of the date of this decision, surrender to the Office of Court Administration any Attorney Security Pass issued to him.  Aarons, J.P., Reynolds Fitzgerald, Powers, Mackey

Decided: July 16, 2026