Matter of Attorneys in Violation of Judiciary Law § 468-a

Matter of Attorneys in Violation of Judiciary Law § 468-a (2023 NY Slip Op 05028) Matter of Attorneys in Violation of Judiciary Law § 468-a 2023 NY Slip Op 05028 Decided on October 5, 2023 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. Decided and Entered:October 5, 2023 PM-238-23 [*1]In the Matter of Attorneys in Violation of Judiciary Law § 468-a. Calendar Date:September 25, 2023 Before:Lynch, J.P., Clark, Aarons and Powers, JJ. Monica A. Duffy, Attorney Grievance Committee for the Third Judicial Department, Albany, for Attorney Grievance Committee for the Third Judicial Department. Per Curiam. 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 Atty 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 one biennial registration period (see Judiciary Law § 468-a; Rules of Chief Admr of Cts [22 NYCRR] § 118.1) and remain delinquent in such obligation to date. Respondents were noticed of the application pursuant to the terms of an order to show cause which was marked returnable September 25, 2023 and is supported by affirmation 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 each require that attorneys admitted to practice in New York file a registration statement with the Office of Court Administration (hereinafter OCA) 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 Admr 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 Admr 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 Admr 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 Atty Disciplinary Matters [22 NYCRR] § 1240.22 [a]).[FN1] 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 NY2d 549, 555-556 [1995]; Rules of Chief Admr 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 [*2]warranting the imposition of discipline (see Matter of Attorneys in Violation of Judiciary Law § 468-a, 172 AD3d 1706, 1707 [3d Dept 2019]; Matter of Attorneys in Violation of Judiciary Law § 468-a, 65 AD3d 1447, 1447-1448 [3d Dept 2009]; Matter of Arms, 251 AD2d 743, 743-744 [3d Dept 1998]; Matter of Ryan, 238 AD2d 713, 713-714 [3d Dept 1997]; Matter of Farley, 205 AD2d 874, 874-875 [3d Dept 1994]). AGC has put forth uncontroverted evidence of respondents' misconduct in the form of documentary proof that each respondent has failed to fulfill his or her attorney registration obligations and remains delinquent in that obligation to date (see Rules for Atty Disciplinary Matters [22 NYCRR] § 1240.9 [a] [5]). Accordingly, AGC's motion is hereby granted and the respondents listed on the schedule attached hereto are suspended, effective immediately and until further order of this Court (see Rules for Atty Disciplinary Matters [22 NYCRR] § 1240.16; Rules of App Div, 3d Dept [22 NYCRR] § 806.16 [c]). Lynch, J.P., Clark, Aarons and Powers, JJ., concur. ORDERED that the motion of the Attorney Grievance Committee for the Third Judicial Department is granted; and it is further ORDERED that the respondents listed on the schedule attached hereto are 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 a principal or as an agent, clerk or employee of another; and respondents are 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 him- or herself out in any way as an attorney and counselor-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 his or her affidavit of compliance (see Rules for Atty 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 the motion papers 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. SCHEDULE NAME REG ID ALJALUDI, ZAK AHMAD 4732004 AQUILLA, THOMAS TRACY 3892627 AUSTIN, ORMAND R. 1814565 BARBER, KATHRYN M. 2385490 BENSON, ANDREA 1504588 BERMAN, CLAIRE SYLVIA 2220069 BRAMSON, ROBERT S. 1957281 CAREY, GERARD MARTIN JR. 1744333 CASUSCELLI, JAMES JOSEPH 1375518 CHAN, MYLENE 4025474 CLAVEL, ANNE SOLOMON 1101385 COVITZ, MORTON R. 1968114 DIAMOND, HAROLD N. 1672153 EADY, RICHARD W. 1370774 ENDERS, JOHN BRIAN 2332674 FOSTER, SUSAN MORGAN 2244366 GOLDWASER, REUBEN 1142553 GRONDA, DANIEL AMO 2981363 HANDLER, WILLIAM L. 1795780 HANNA, JOSEPH JOHN JR. 4449369 HAUS, RONALD ROBERT 1614353 JUNG, DAVID FREDERICK 1032432 LEE, SUN M. 4640587 MARTIN, JOHN LOUIS 2358091 MCCONNELL, KIMBERLY A. 2907137 MCDOWELL, BO YEON 4304465 MONE, CHARLES K. 4125506 MOYA, LEON GUANZON JR. 2079291 MYERS, NANCY LEPPERT 2108397 NZE NWOSU, ANTHONY EMEKA 4069514 PARNHAM, GEORGE JOSEPH 4942686 PILLER, TODD BARRY 1213537 RAMOS MORA, MANUEL M. 1879014 REIKEN, SAMUEL N. 2071744 ROACH, DAVID A. 1605013 ROGERS, ANDREW J. 1987817 ROTMAN, SCOTT RANDALL 2762391 SALONGA, ROMEO L. 2054310 SCHNEIDER, GEORGE LEO 2200681 SIBLEY, EDWARD 1983311 SIMON, MELVIN 1767557 SQUITIERI, GENEROSO GEORGE 2185130 SUSMAN, MORTON LEE 2339786 ZISMAN, ITZHAK 2432375 Footnotes Footnote 1: We further observe that, over and above the biennial registration requirement, every New York attorney also has an affirmative duty to keep OCA apprised of his or her up-to-date contact information (see Rules of Chief Admr of Cts [22 NYCRR] § 118.1 [f]).