Opinion
D–28–18
03-15-2018
In the MATTER OF ATTORNEYS IN VIOLATION OF JUDICIARY LAW § 468–A. Committee on Professional Standards, Now Known as Attorney Grievance Committee For the Third Judicial Department, Petitioner; v. Jessica Esser, Respondent. (Attorney Registration No. 2659662)
Monica A. Duffy, Attorney Grievance Committee for the Third Judicial Department, Albany, for petitioner. Jessica Esser, West Lebanon, New Hampshire, respondent pro se.
Monica A. Duffy, Attorney Grievance Committee for the Third Judicial Department, Albany, for petitioner.
Jessica Esser, West Lebanon, New Hampshire, respondent pro se.
Before: McCarthy, J.P., Devine, Mulvey, Rumsey and Pritzker JJ.
MEMORANDUM AND ORDER ON MOTION
Per Curiam.Respondent was admitted to practice by this Court in 1995 and lists a business address in Wilder, Vermont. By January 2014 order, this Court suspended respondent from practice in New York for conduct prejudicial to the administration of justice arising from her noncompliance with the attorney registration requirements of Judiciary Law § 468–a and Rules of the Chief Administrator of the Courts (22 NYCRR) § 118.1 ( 113 A.D.3d 1020, 1031 [2014] ; see Judiciary Law § 468–a [5 ]; Rules of Professional Conduct [ 22 NYCRR 1200.0 ] rule 8.4[d] ). Respondent now moves for her reinstatement in New York (see Rules for Attorney Disciplinary Matters [ 22 NYCRR] § 1240.16 [a]; Rules of App.Div., 3d Dept [ 22 NYCRR] § 806.16 [a] ). By correspondence of its Chief Attorney, petitioner raises concerns with respondent's application but otherwise defers to the Court's discretion.
In addition to meeting the obligations of Rules for Attorney Disciplinary Matters ( 22 NYCRR) § 1240.16(a) (see Matter of Edelstein, 150 A.D.3d 1531, 1531, 56 N.Y.S.3d 356 [2017] ), "an applicant for reinstatement must, as a threshold matter, support his or her application with certain required documentation" ( Matter of Attorneys in Violation of Judiciary Law § 468–a [Goldstein], 153 A.D.3d 1026, 1026, 56 N.Y.S.3d 897 [2017] ). Specifically, proof that the applicant obtained a passing score on the Multistate Professional Responsibility Examination is required for all attorneys who have been suspended for more than six months (see Rules for Attorney Disciplinary Matters [ 22 NYCRR] § 1240.16 [b] ). Although respondent states that she was scheduled to take the Multistate Professional Responsibility Examination in November 2017, she has failed to supplement her application with the required proof that she has in fact taken the examination and achieved a passing score (see Matter of Tendler, 145 A.D.3d 1314, 1314–1315, 42 N.Y.S.3d 695 [2016] ). Accordingly, respondent's application must be denied.
ORDERED that the application for reinstatement is denied.
McCarthy, J.P., Devine, Mulvey, Rumsey and Pritzker JJ., concur.