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Motion to Suspend Attorneys Alleged to be in Violation of Judiciary Law § 468-a

 

Pursuant to Judiciary Law § 468-a and Rules of the Chief Administrator of the Courts (22 NYCRR) § 118.1, all attorneys admitted to practice in New York are required to register with the Office of Court Administration, Attorney Registration Unit every two years.  This requirement applies to all attorneys, regardless of whether they reside in New York or elsewhere, including attorneys who have self-certified as "retired" pursuant to Rules of the Chief Administrator of the Courts (22 NYCRR) § 118.1 (g).  By statute, the failure to duly register is conduct prejudicial to the administration of justice in violation of Rules of Professional Conduct (22 NYCRR 1200.0) rule 8.4 (d), and attorneys who fail to comply with their registration obligation may be referred to the Appellate Division of the Supreme Court for disciplinary action.

By motion returnable April 8, 2019, the Attorney Grievance Committee for the Third Judicial Department has applied for an order of this Court suspending 2,601 attorneys from the practice of law upon the ground that such attorneys have failed to duly register for at least two consecutive biennial periods.  The Committee's motion papers are as follows:

1. Order to Show Cause executed on December 26, 2018 by Presiding Justice Elizabeth A. Garry

2. Affidavit in Support of Motion by Monica A. Duffy, Esq., Chief Attorney for the Attorney Grievance Committee for the Third Judicial Department

3. Ex. A to Affidavit - Alphabetical list of 116 attorneys that are subject to this motion who have previously provided a New York State address to the Office of Court Administration

4. Ex. B to Affidavit - Alphabetical list of 1,446 attorneys that are subject to this motion who have previously provided an out-of-state address to the Office of Court Administration

5. Ex. C to Affidavit - Alphabetical list of 1,039 attorneys that are subject to this motion who have previously provided an out-of-country address to the Office of Court Administration

6. Ex. D to Affidavit - Supporting Affidavit of Samuel H. Younger, Chief Management Analyst for the Office of Court Administration

Attorneys who are subject to this motion may be heard in response by filing of papers with the Court, on or before April 5, 2019, at the following address:

Office of Attorney Discipline
NYS Supreme Court, Appellate Division, Third Judicial Department
P.O. Box 7288, Capitol Station
Albany, New York  12224-0288

Pursuant to the terms of the Order to Show Cause, papers in opposition to this motion "shall include satisfactory proof of compliance with the attorney registration requirements of Judiciary Law § 468-a and Rules of the Chief Administrator of the Courts (22 NYCRR) § 118.1."  The Order to Show Cause further directs that all papers filed with the Court should include proof of service of a copy of the opposition papers upon the Attorney Grievance Committee for the Third Judicial Department.

 

Questions concerning this pending motion may be directed to the Court by email at
ad3-oad@nycourts.gov

 

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