Matter of Attorneys in Violation of Judiciary Law \s 468-a
2010 NY Slip Op 06348 [76 AD3d 746]
August 5, 2010
Appellate Division, Third Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 29, 2010


In the Matter of Attorneys in Violation of Judiciary Law § 468-a, Respondents. Committee on Professional Standards, Petitioner.

[*1] Mark S. Ochs, Committee on Professional Standards, Albany, for petitioner.

Per Curiam. Petitioner moves to suspend respondent attorneys on the ground that they have failed to file a registration statement and pay the required attorney registration fee in accordance with Judiciary Law § 468-a (1) and part 118 of the Rules of the Chief Administrator of the Courts (see 22 NYCRR 118.1 [c]).

The moving papers indicate that respondents failed to file a registration statement prior to taking the constitutional oath of office as required by Judiciary Law § 468-a (1) and part 118 of the Rules of the Chief Administrator of the Courts (see 22 NYCRR 118.1 [c]). Their failure to register has continued to date. They have also failed to respond to the instant motion.

Judiciary Law § 468-a (5) provides that noncompliance with the statute and rules regarding attorney registration "shall constitute conduct prejudicial to the administration of justice and shall be referred to the appropriate appellate division . . . for disciplinary action." This Court has previously held that failure to comply with the registration requirements is professional misconduct warranting discipline (see e.g. Matter of Arms, 251 AD2d 743 [1998]; Matter of Ryan, 238 AD2d 713 [1997]; Matter of Farley, 205 AD2d 874 [1994]).

In view of respondents' failure to comply with the attorney registration requirements of the Judiciary Law and Rules of the Chief Administrator of the Courts, petitioner's motion is granted and the respondents listed on the schedule attached hereto are suspended, effective 30 [*2]days from the date of this order, until further order of this Court (see Matter of Attorneys in Violation of Judiciary Law § 468-a, 65 AD3d 1447 [2009]).

Cardona, P.J., Mercure, Peters, Spain and Rose, JJ., concur. Ordered that petitioner's motion is granted; and it is further ordered that the respondents listed on the schedule attached hereto are suspended, effective 30 days from the date of this order, 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 either as principal or as agent, clerk or employee of another; and respondents are hereby forbidden to appear as attorneys or counselors-at-law before any court, judge, justice, board, commission or other public authority or to give to another any opinion as to the law or its application or any advice in relation thereto; and it is further ordered that respondents shall comply with the provisions of this Court's rules regulating the conduct of suspended attorneys (see 22 NYCRR 806.9).

Last Name

First Name

Middle Name

 

Year Adm

Dept

      Engels

      Carly

   Beth

 

2006

3

      Glynn

      John

 

 

2003

3

      Jackson

      Shauna

  Daneen

 

2005

3

      Kanet

      Rhoda

  Beverly

 

1991

3

      Kaye

      Jonathan

  Aaron

 

1999

3

      Koperdak

      Serge

 

 

1997

3

      Kroener

      Lars

  Eilenau

 

1999

3

      Merino

      Fernando

  Quintana

 

1996

3

      Monroy

      Marco

  Geraldo

 

1998

3

      Moody

      Thomas

  Hayes

 

1991

3

      Novak

      Paul

  Stuart

 

1998

3

      Rodegra

      Juergen

 

 

1993

3

      Wormuth

      Mirko

 

 

2000

3