In re Brown

Full title: In the Matter of MICHAEL R. BROWN, an Attorney.

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Mar 14, 2019

170 A.D.3d 1374 (N.Y. App. Div. 2019)

94 N.Y.S.3d 461

2019 N.Y. Slip Op. 1885

Opinion

PM-29-19

03-14-2019

In the MATTER OF Michael R. BROWN, an Attorney. (Attorney Registration No. 2363604)

Michael R. Brown, Dana Point, California, 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.

Michael R. Brown, Dana Point, California, pro se.

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

Before: Lynch, J.P., Clark, Aarons, Rumsey and Pritzker, JJ.

MEMORANDUM AND ORDER ON MOTION

Per Curiam.Michael R. Brown was admitted to practice by this Court in 1981 and lists a business address in Irvine, California with the Office of Court Administration. Brown 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, Brown is presently delinquent in his New York attorney registration requirements, having failed to register for the biennial period beginning in 2018 (see Judiciary Law § 468–a ; Rules of the Chief Admin of Cts [22 NYCRR] § 118.1). Inasmuch as Brown 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 Brown 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] ).

Lynch, J.P., Clark, Aarons, Rumsey and Pritzker, JJ., concur.ORDERED that Michael R. Brown's application for permission to resign is denied.