IN RE: Sham Jayant BHAT

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IN RE: Sham Jayant BHAT, an Attorney.

Decided: October 26, 2017

Before: EGAN JR., J.P., LYNCH, AARONS, RUMSEY and PRITZKER, JJ. Sham Jayant Bhat, Silver Spring, Maryland, pro se. Monica A. Duffy, Attorney Grievance Committee for the Third Judicial Department, Albany, for Attorney Grievance Committee for the Third Judicial Department.

Sham Jayant Bhat was admitted to practice by this Court in 1986 and lists a business address in Burtonsville, Maryland with the Office of Court Administration. Bhat now seeks leave to resign from the New York bar for nondisciplinary reasons (see Rules for Attorney 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, Bhat is presently delinquent in his New York attorney registration requirements, having failed to timely register for the biennial period beginning in 2016 (see Judiciary Law § 468–a; Rules of the Chief Admin of Cts [22 NYCRR] § 118.1). Inasmuch as Bhat 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 [2014]; Matter of Arms, 251 A.D.2d 743, 743–744 [1998]; Matter of Ryan, 238 A.D.2d 713, 713–714 [1997]; Matter of Farley, 205 A.D.2d 874, 874–875 [1994] ), he is ineligible for nondisciplinary resignation and his application must be denied (see Matter of Taboada, 152 AD3d 1043, 1044 [2017]; Matter of Cluff, 148 AD3d 1346, 1346 [2017] ). Further, any future application by Bhat 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 [2017] ).

ORDERED that Sham Jayant Bhat's application for permission to resign is denied.


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