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In re Attorneys in Violation of Judiciary Law § 468-A

Supreme Court of New York, Third Department

January 30, 2014

In the Matter of ATTORNEYS IN VIOLATION OF JUDICIARY LAW § 468-a. COMMITTEE ON PROFESSIONAL STANDARDS, Petitioner; ATTORNEYS IN VIOLATION OF JUDICIARY LAW § 468-a, Respondents.

Calendar Date: December 9, 2013

Monica A. Duffy, Committee on Professional Standards, Albany, for petitioner.

Before: Peters, P.J., Lahtinen, Stein and McCarthy, JJ.

MEMORANDUM AND ORDER

PER CURIAM.

Petitioner moves to suspend respondent attorneys, all of whom were admitted to practice in this Department, on the ground that they have failed to file a registration statement and pay the required attorney registration fee in accordance with Judiciary Law § 468-a and the Rules of the Chief Administrator of the Courts (22 NYCRR) part 118.

The moving papers indicate that despite written notices sent to them by the Office of Court Administration at their last known address, respondents have failed to register and pay the required fee.

Judiciary Law § 468-a (5) provides that noncompliance with the statute and rules regarding attorney registration "shall constitute conduct prejudicial to the administration of justice and shall be referred to the appropriate appellate division... for disciplinary action." This Court has previously held that failure to comply with the registration requirements is professional misconduct warranting discipline (see e.g. Matter of Arms, 251 A.D.2d 743 [1998]; Matter of Ryan, 238 A.D.2d 713 [1997]; Matter of Farley, 205 A.D.2d 874 [1994]).

In view of respondents' continued failure to comply with the attorney registration requirements of the Judiciary Law and the Rules of the Chief Administrator of the Courts, petitioner's motion is granted and the respondents listed on the schedule attached hereto are suspended, effective 30 days from the date of this order, until further order of this Court (see Matter of Attorneys in Violation of Judiciary Law § 468-a, 65 A.D.3d 1447 [2009]).

Peters, P.J., Lahtinen, Stein and McCarthy, JJ., concur.

ORDERED that petitioner's motion is granted; and it is further

ORDERED that the respondents listed on the schedule attached hereto are suspended, effective 30 days from the date of this order, 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 either as principal or as agent, clerk or employee of another, and are 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 any opinion as to the law or its application or any advice in relation thereto; and it is further

ORDERED that respondents shall comply with the provisions of this Court's rules regulating the conduct of suspended attorneys (see 22 NYCRR 806.9); and it is further

ORDERED that this decision and order may be served upon respondents by publication thereof in the New York Law Journal once each week for four consecutive weeks, the publication to commence within 20 days of the date of this decision and order, and by posting ...


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