Appellate Division: Second Judicial Department

M145342

E/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

L. PRISCILLA HALL, JJ.

2011-09881 In the Matter of Gary G. O'Hagan, admitted as Gary George O'Hagan, an attorney and counselot-at-law. Grievance Committee for the Tenth Judicial District, petitioner, Gary G. O'Hagan, respondent. (Attorney Registration No. 2161842)

DECISION & ORDER ON MOTION

By decision and order on application of this Court dated January 23, 2012, inter alia, the Grievance Committee for the Tenth Judicial District was granted leave to institute and prosecute a disciplinary proceeding against the respondent, based on charges set forth in a verified petition dated October 18, 2011, alleging, inter alia, that the respondent failed to file biennial registration statements and pay the designated fee from 2006 through 2011, and the respondent was directed to serve and file a verified answer to the petition within 20 days of service of the petition. On January 30, 2012, the Grievance Committee personally served the verified petition upon the respondent. In response, the respondent submitted a letter, dated February 12, 2012, in which he stated that he does not practice law. Subsequently, the Grievance Committee moved to impose discipline upon the respondent, based upon his default. A notice of motion for a default judgment and accompanying affirmation, with exhibits, was served upon the respondent on April 24, 2012. By affidavit dated May 10, 2012, the respondent answered the motion and requested leave to voluntarily resign from the Bar of the State of New York. He separately tendered an affidavit of voluntary resignation. Presently, the respondent resides in Minnesota. He has never practiced law in the State of New York and has not practiced law anywhere else for 23 years. The Grievance Committee recommends that the Court accept the respondent 's voluntary resignation. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 23, 1952, under the name Gary George O'Hagan.

Upon the papers filed in support of the motion to impose discipline, based upon the respondent's default, and the papers filed in opposition thereto, and upon the papers filed in support of the respondent's voluntary resignation, it is

ORDERED that the voluntary resignation of Gary G. O'Hagan, admitted as Gary George O'Hagan, is accepted and directed to be filed; and it is further

ORDERED that the name of Gary G. O'Hagan, admitted as Gary George O'Hagan, 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, Gary G. O'Hagan, admitted as Gary George O'Hagan, is commanded to desist and refrain from (1) practicing law in any form, either as principal or agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney and 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-at-law in the State of New York; and it is further,

ORDERED that if Gary G. O'Hagan, admitted as Gary George O'Hagan, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency; and it is further

ORDERED that the motion is denied as academic and the disciplinary proceeding commenced against the respondent by the Grievance Committee for the Tenth Judicial District is discontinued.

ENG, P.J., MASTRO, RIVERA, SKELOS and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court