IN RE: ATTORNEYS IN VIOLATION OF JUDICIARY LAW § 468-a. (2026)

MEMORANDUM AND ORDER

ON MOTION

THIRD JUDICIAL

Calendar Date:  July 13, 2026

Respondent was admitted to practice by this Court in 2006 and was subsequently suspended from practice by January 2014 order for conduct prejudicial to the administration of justice arising from his failure to comply with his attorney registration obligations beginning in 2008 (Matter of Attorneys in Violation of Judiciary Law § 468–a, 113 AD3d 1020, 1048 [3d Dept 2014] ).  Respondent cured his registration delinquency in October 2025 and moved for his reinstatement in January 2026, which motion was denied by March 19, 2026 order of this Court, where we cited his failure to demonstrate his compliance with the Rules of this Court and the order of suspension (247 AD3d 1413 [3d Dept 2026] ).  Respondent now moves again for his reinstatement but, given certain deficiencies concerning his employment status during his suspension, respondent was directed to supplement his motion, which he did by supplemental affidavit.  Petitioner opposed respondent's motion for reinstatement and respondent was thereafter directed to again supplement his motion, which he did by materials filed on June 22, 2026.

An attorney seeking reinstatement from a suspension is required to satisfy various procedural and substantive requirements, which vary based on the nature of the suspension, as well as the duration of the suspension (see Rules for Atty Disciplinary Matters [22 NYCRR] § 1240.16).  As an attorney suspended solely due to his failure to comply with his biennial registration requirements (see Judiciary Law § 468–a [5] ), respondent was able to avail himself of a cursory, 16–paragraph form affidavit in support of his application (see Rules of App.Div., 3d Dept [22 NYCRR] § 806.16[c][2];  see also Rules for Atty Disciplinary Matters [22 NYCRR] part 1240, appendix D).  Notably, in response to paragraph 11 of the form affidavit contained in Rules for Attorney Disciplinary Matters (22 NYCRR) part 1240, appendix D, respondent merely indicated that, since the order of suspension, he had been “employed outside of the practice of law,” listing various organizations he was employed with, but he did not indicate the dates he was engaged in the employment or the nature thereof, as required in response to paragraph 11 of the form affidavit.  As a consequence, respondent was directed to supplement his motion for reinstatement, which he completed by supplemental affidavit sworn to May 13, 2026.  Additionally, as an attorney suspended for a duration of greater than two years, respondent's materials indicated that he earned the requisite credits in the areas of Skills and/or Law Practice Management, Ethics and Professionalism and Cybersecurity, Privacy and Data Protection (see Rules of App.Div., 3d Dept [22 NYCRR] § 806.16[c][5] ).  Accordingly, we conclude that respondent has satisfied the procedural requirements attendant to reinstatement.

In addition to the aforementioned procedural requirements, an attorney seeking reinstatement from disciplinary suspension must satisfy, by clear and convincing evidence, a three-part test to establish his or her entitlement to reinstatement (see Rules for Atty Disciplinary Matters [22 NYCRR] § 1240.16[a] ).  First, it must be demonstrated that the suspended attorney has complied with both the terms of the order of suspension and the Rules of this Court (see Rules for Atty Disciplinary Matters [22 NYCRR] §§ 1240.15, 1240.15[a] ), and such compliance may be established by sworn attestations in the attorney's supporting affidavit or by timely completion of an affidavit of compliance reflecting satisfaction of the Rules applicable to suspended attorneys (see Rules for Atty Disciplinary Matters [22 NYCRR] part 1240, appendix B) and providing reassurances that the attorney has not practiced in New York while suspended.  Further, an attorney seeking reinstatement must demonstrate that he or she possesses the requisite character and fitness for the practice of law (see Matter of Attorneys in Violation of Judiciary Law § 468–a [Serbinowski], 164 AD3d 1049, 1050 [3d Dept 2018] ).  Finally, the attorney must demonstrate that his or her reinstatement is in the public interest (see Matter of Sullivan, 153 AD3d 1484, 1484 [3d Dept 2017] ).

Turning first to his compliance with the Rules of this Court and the order of suspension, respondent's instant application for reinstatement did not include specific information concerning his employment since the order of suspension, as previously discussed.  However, following our request for such information, respondent revealed that, since the effective date of his suspension through March 2024, he was employed in nonlegal, technology-based roles in Michigan and, from September 2025 through present, as a paralegal with a Washington State law firm, further averring that, “[d]uring the foregoing periods of employment, [he] did not engage in the practice of law” in New York. Moreover, respondent's most recent application for reinstatement included an affidavit of compliance (see Rules for Atty Disciplinary Matters [22 NYCRR] § 1240.15[f] ), wherein he avers that he has not practiced law in New York in any capacity since his suspension, among other statements.  Petitioner opposes respondent's motion on this point, raising a concern that his employment as a paralegal in Washington State may constitute the unauthorized practice of law in that state, among other objections (see Washington State Bar Association Advisory Opinion 1772 [1997];  Washington State Bar Association Advisory Opinion 184 [1990] );  thus, respondent was directed to provide a supplemental affidavit or other sworn filing describing his employment with the law firm, including a detailed description of his duties as a paralegal;  and documentation from the law firm or principal thereof establishing the nature and duration of his employment with the firm.

By materials filed on June 22, 2026, respondent submitted an affidavit and other materials, wherein he indicates that, both prior to and during the period of suspension – a period of approximately 15 years – he did not actively pursue a legal career, but rather was employed in technology-based roles.  However, respondent further avers that he now seeks to return to the practice of law and, because of his lengthy separation from the practice of law, he sought an opportunity to learn law office procedures through his employment with the law firm.  In his present role with the law firm, respondent details that his responsibilities are purely administrative, including organizing and maintaining client files, and utilizing technology and database skills to assist with the automation of daily tasks for the firm.  Respondent likewise submitted a letter from the principal of the law firm, who confirms respondent's employment with the firm as providing administrative and technology-related support, indicating that respondent performs his duties under attorney supervision, and does not provide legal advice or exercise any independent legal judgment (see Washington Rules of Prof Conduct rule 5.5[b] ).

Notably, we denied respondent's January 2026 motion for reinstatement given his failure to establish that he had complied with our order of suspension and Rules regarding suspended attorneys, through, in part, his failure to articulate what, if any, work he was engaged in at the relevant times (247 AD3d at 1413).  Without answering the question as to whether he was compliant with our Rules and the order of suspension, we could not proceed through the remainder of the three-prong reinstatement analysis.  On this point, respondent's failure to disclose his employment with a law firm until specific prompting, combined with his vague descriptions of his employment in the more than 10 years since his suspension, raised a concern that he sought to conceal that information, as either he has been engaged in the practice of law during the period of suspension, or because such information would give that impression.  However, respondent's materials, including the letter from his present employer, now support a conclusion that he has complied with our Rules and order of suspension, thereby satisfying the first prong of the reinstatement analysis.  Additionally, we conclude that respondent's materials and petitioner's response to his motion do not raise any other concerns regarding his character and fitness and likewise do not indicate that a detriment would inure to the public should he be returned to practice (see Matter of Sullivan, 153 AD3d at 1484).  Accordingly, we grant respondent's motion for reinstatement, but in doing so, we remind respondent of his ongoing obligations to be candid in any submissions he makes to a court or other tribunal (see generally Rules of Prof Conduct [22 NYCRR 1200.0] rule 3.3).

Clark, J.P., Pritzker, Reynolds Fitzgerald, Fisher and Ryba, JJ., concur.

ORDERED that respondent's motion for reinstatement is granted;  and it is further

ORDERED that respondent is reinstated as an attorney and counselor-at-law in the State of New York, effective immediately.

Per Curiam.