Appellate Division: Second Judicial Department

M234464

E/ct

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN

JOHN M. LEVENTHAL, JJ.

2017-05797 In the Matter of David Simon Kivisaari, admitted as David S. Kivisaari, an attorney and counselor-at-law. (Attorney Registration No. 4222287)

DECISION & ORDER VOLUNTARY RESIGNATION

David Simon Kivisaari has submitted an affidavit dated May 24, 2017, wherein he voluntarily resigns from the New York State Bar. Mr. Kivisaari 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 May 19, 2004, under the name David S. Kivisaari. There are no complaints or charges of professional misconduct pending against him. Mr. Kivisaari presently resides in Michigan, 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 David S. Kivisaari is accepted and directed to be filed; and it is further,

ORDERED that the name of David S. Kivisaari 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, David S. Kivisaari 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 David S. Kivisaari has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

ENG, P.J., RIVERA, DILLON, BALKIN and LEVENTHAL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court