Opinion
PM-84-19
06-20-2019
In the MATTER OF Benjamin Philip TAIBLESON, an Attorney. (Attorney Registration No. 5083753)
Benjamin Philip Taibleson, Fox Point, Wisconsin, pro se. Monica A. Duffy, Attorney Grievance Committee for the Third Judicial Department, Albany, for Attorney Grievance Committee for the Third Judicial Department.
Benjamin Philip Taibleson, Fox Point, Wisconsin, pro se.
Monica A. Duffy, Attorney Grievance Committee for the Third Judicial Department, Albany, for Attorney Grievance Committee for the Third Judicial Department.
Before: Garry, P.J., Egan Jr., Lynch, Clark and Pritzker, JJ.
MEMORANDUM AND ORDER ON MOTION
Per Curiam.Benjamin Philip Taibleson was admitted to practice by this Court in 2012 and lists a business address in Milwaukee, Wisconsin with the Office of Court Administration. Taibleson has applied to this Court, by affidavit sworn to January 14, 2019, for 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, contending that Taibleson is ineligible for nondisciplinary resignation because, among other things, he has failed to fulfill his attorney registration requirements for the most recent biennial period beginning in 2018 (see Judiciary Law § 468–a ; Matter of Lee, 148 A.D.3d 1350, 47 N.Y.S.3d 923 [2017] ; Matter of Bomba, 146 A.D.3d 1226, 1226–1227, 46 N.Y.S.3d 433 [2017] ; Rules of the Chief Admin of Cts [22 NYCRR] § 118.1).
In reply to AGC's opposition, however, Taibleson has submitted a supplemental affidavit, sworn to June 3, 2019, in which he attests that has resolved all of the issues referenced by AGC and is now current in his New York attorney registration requirements. Furthermore, Office of Court Administration records likewise establish that Taibleson has duly registered and cured any preexisting registration delinquency. Accordingly, with AGC voicing no other substantive objection to his application, and having determined that Taibleson is now eligible to resign for nondisciplinary reasons (compare Matter of Tierney, 148 A.D.3d 1457, 1458 [2017] ; Matter of Bomba, 146 A.D.3d at 1227, 51 N.Y.S.3d 638), we grant the application and accept his resignation.
Garry, P.J., Egan Jr., Lynch, Clark and Pritzker, JJ., concur.
ORDERED that Benjamin Philip Taibleson's application for permission to resign is granted and his nondisciplinary resignation is accepted; and it is further
ORDERED that Benjamin Philip Taibleson's name is hereby stricken from the roll of attorneys and counselors-at-law of the State of New York, effective immediately, and until further order of this Court (see generally Rules for Attorney Disciplinary Matters [ 22 NYCRR] § 1240.22 [b] ); and it is further
ORDERED that Benjamin Philip Taibleson is commanded to desist and refrain from the practice of law in any form in the State of New York, either as principal or as agent, clerk or employee of another; and Taibleson is hereby forbidden to appear as an attorney or counselor-at-law before any court, judge, justice, board, commission or other public authority, or to give to another an opinion as to the law or its application, or any advice in relation thereto, or to hold himself out in any way as an attorney and counselor-at-law in this State; and it is further
ORDERED that Benjamin Philip Taibleson shall, within 30 days of the date of this decision, surrender to the Office of Court Administration any Attorney Secure Pass issued to him.