Appellate Division: Second Judicial Department

M59936

K/nl

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

ROBERT W. SCHMIDT

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2007-01239 In the Matter of John M. Neary, admitted as John Michael Neary, an attorney and counselor-at-law. (Attorney Registration No. 1511765)

DECISION & ORDER VOLUNTARY RESIGNATION

John M. Neary has voluntarily submitted an affidavit dated February 2, 2007, wherein he resigns from the New York State Bar. Mr. Neary was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on February 23, 1972, under the name John Michael Neary. There are no complaints or charges of professional misconduct pending against him. Mr. Neary presently resides in Oregon, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of John M. Neary is accepted and directed to be filed; and it is further,

ORDERED that the name of John M. Neary is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, John M. Neary is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if John M. Neary has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

PRUDENTI, P.J., MILLER, SCHMIDT, CRANE and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court