Matter of Bretschger
2017 NY Slip Op 02121 [148 AD3d 1450]
March 23, 2017
Appellate Division, Third Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 3, 2017


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 In the Matter of Roman David Bretschger, an Attorney.

Roman David Bretschger, Zurich, Switzerland, pro se.

Monica A. Duffy, Attorney Grievance Committee for the Third Judicial Department, Albany, for Attorney Grievance Committee for the Third Judicial Department.

Per Curiam. Roman David Bretschger was admitted to practice by this Court in 2012 and has previously listed a business address in Zurich, Switzerland with the Office of Court Administration. By affidavit dated September 21, 2016, Bretschger seeks leave to resign from the New York bar for nondisciplinary reasons (see Rules for Attorney Disciplinary Matters [22 NYCRR] § 1240.22 [a]). The Attorney Grievance Committee for the Third Judicial Department (hereinafter AGC) opposes the application by correspondence from its Chief Attorney.

Bretschger is presently delinquent in his New York attorney registration requirements, having failed to register for the two most recent biennial periods beginning in 2014 (see Judiciary Law § 468-a; Matter of Lee, 148 AD3d 1350 [2017]; Rules of Chief Admin of Cts [22 NYCRR] § 118.1). He is therefore ineligible for nondisciplinary resignation and his application must be denied (see Matter of Cluff, 148 AD3d 1346 [2017]; Matter of Winston, 146 AD3d 1225, 1225-1226 [2017]; Matter of Frank, 146 AD3d 1228, 1228-1229 [2017]).

Egan Jr., J.P., Lynch, Devine, Clark and Aarons, JJ., concur. Ordered that Roman David Bretschger's application for permission to resign is denied.