Opinion
D–22–18
03-01-2018
In the MATTER OF Jason Clayborn ASTLE, an Attorney. (Attorney Registration No. 4512398)
Jason Clayborn Astle, Littleton, Colorado, pro se. Monica A. Duffy, Attorney Grievance Committee for the Third Judicial Department, Albany, for Attorney Grievance Committee for the Third Judicial Department.
Jason Clayborn Astle, Littleton, Colorado, pro se.
Monica A. Duffy, Attorney Grievance Committee for the Third Judicial Department, Albany, for Attorney Grievance Committee for the Third Judicial Department.
Before: McCarthy, J.P., Devine, Mulvey, Rumsey and Pritzker, JJ.
MEMORANDUM AND ORDER ON MOTION
Per Curiam.Jason Clayborn Astle was admitted to practice by this Court in 2007 and lists a business address in Denver, Colorado with the Office of Court Administration. Astle now 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.
As is noted by AGC, Astle is presently not current in his New York attorney registration requirements, having failed to register for the biennial period beginning in 2017 (see Judiciary Law § 468–a ; Rules of the Chief Admin of Cts [22 NYCRR] § 118.1). Inasmuch as Astle is therefore subject to potential disciplinary action (see Judiciary Law § 468–a [5 ]; Rules of Professional Conduct [ 22 NYCRR 1200.0 ] rule 8.4[d]; see also Matter of Attorneys in Violation of Judiciary Law § 468–a , 113 A.D.3d 1020, 1021, 979 N.Y.S.2d 548 [2014] ), he is ineligible for nondisciplinary resignation and his application must be denied (see Matter of Cluff , 148 A.D.3d 1346, 1346, 47 N.Y.S.3d 919 [2017] ; Matter of Bomba , 146 A.D.3d 1226, 1226–1227, 46 N.Y.S.3d 433 [2017] ). Further, any future application by Astle must be supported by proof of his full satisfaction of the requirements of Judiciary Law § 468–a and Rules of the Chief Administrator of the Courts (22 NYCRR) § 118.1 (see Matter of Frank, 146 A.D.3d 1228, 1228–1229, 46 N.Y.S.3d 434 [2017] ).
ORDERED that Jason Clayborn Astle's application for permission to resign is denied.
McCarthy, J.P., Devine, Mulvey, Rumsey and Pritzker, JJ., concur.