Opinion
D–83–18
07-12-2018
In the MATTER OF Benjamin CONLON, a Disbarred Attorney. Committee on Professional Standards, Now Known as Attorney Grievance Committee for the Third Judicial Department, Petitioner; v. Benjamin Conlon, Respondent. (Attorney Registration No. 1807908)
Monica A. Duffy, Attorney Grievance Committee for the Third Judicial Department, Albany (Lauren S. Cousineau of counsel), for petitioner. Benjamin Conlon, Kent, United Kingdom, respondent pro se.
Monica A. Duffy, Attorney Grievance Committee for the Third Judicial Department, Albany (Lauren S. Cousineau of counsel), for petitioner.
Benjamin Conlon, Kent, United Kingdom, respondent pro se.
Before: McCarthy, J.P., Lynch, Clark, Mulvey and Rumsey, JJ.
MEMORANDUM AND ORDER ON MOTION
Per Curiam.
Respondent was admitted to practice by this Court in 1982. He previously maintained a law practice in the Town of Elizabethtown, Essex County.
Respondent was disbarred by this Court in 1999 ( 260 A.D.2d 794, 688 N.Y.S.2d 730 [1999], lv dismissed and denied 93 N.Y.2d 1031, 697 N.Y.S.2d 553, 719 N.E.2d 913 [1999] ). By application marked returnable June 25, 2018, respondent now moves for his reinstatement. Petitioner opposes respondent's application based upon the insufficiency thereof.
The Lawyer's Fund for Client Protection advises that it has no reason to object to respondent's reinstatement.
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Significantly, a disbarred attorney seeking reinstatement in New York must apply by form affidavit prescribed in Rules for Attorney Disciplinary Matters (22 NYCRR) part 1240 and must submit certain other documentation in support of that application (see Rules for Attorney Disciplinary Matters [ 22 NYCRR] § 1240.16 [b]; appendix C). Here, upon our review of respondent's application and the materials submitted in opposition thereto, we find that respondent has, among other things, failed to appropriately complete the requisite form affidavit (see Rules of App.Div., 3d Dept [ 22 NYCRR] § 806.16 [a][2] ) and, further, failed to establish that he filed the required affidavit of compliance (see Rules for Attorney Disciplinary Matters [ 22 NYCRR] § 1240.15 [f]; part 1240, appendix C ¶ 21). The application is deficient in other respects, including that it does not contain an affidavit that is properly sworn (see Matter of Attorneys in Violation of Judiciary Law § 468–a [Hughes–Hardaway], 152 A.D.3d 951, 952, 55 N.Y.S.3d 680 [2017] ); nor has respondent provided proof that he has, within one year of filing his application for reinstatement, successfully taken the Multistate Professional Responsibility Examination (see Rules for Attorney Disciplinary Matters [ 22 NYCRR] § 1240.16 [b]; see also Matter of Attorneys in Violation of Judiciary Law § 468–a [Alimanova], 156 A.D.3d 1223, 1224, 67 N.Y.S.3d 672 [2017] ). Inasmuch as respondent has not shown by clear and convincing evidence that his application for reinstatement should be granted (see Rules for Attorney Disciplinary Matters [ 22 NYCRR] § 1240.16 [a] ), we deny the motion (see Matter of Krouner, 150 A.D.3d 1466, 1467, 51 N.Y.S.3d 910 [2017] ; Matter of Tendler, 145 A.D.3d 1314, 1314–1315, 42 N.Y.S.3d 695 [2016] ).
ORDERED that respondent's motion is denied.
McCarthy, J.P., Lynch, Clark, Mulvey and Rumsey, JJ., concur.