Opinion
PM–22–21
03-04-2021
Roland Mark Cavalier, Guilderland, pro se. Monica A. Duffy, Attorney Grievance Committee for the Third Ju dicial Department, Albany, for Attorney Grievance Committee for the Third Judicial Department.
Roland Mark Cavalier, Guilderland, pro se.
Monica A. Duffy, Attorney Grievance Committee for the Third Ju dicial Department, Albany, for Attorney Grievance Committee for the Third Judicial Department.
Before: Egan Jr., J.P., Aarons, Pritzker, Reynolds Fitzgerald and Colangelo, JJ.
MEMORANDUM AND ORDER ON MOTION
Per Curiam. Roland Mark Cavalier was admitted to practice by this Court in 1971 and lists a business address in the City of Albany with the Office of Court Administration. Cavalier has applied to this Court, by affidavit sworn to January 26, 2021, 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 Cavalier is ineligible for nondisciplinary resignation because he failed to fulfill his attorney registration requirements for the most recent biennial period beginning in 2021 ( 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, Cavalier has submitted supplemental documentation, filed with this Court on February 24, 2021, in which he states that he is now current in his New York attorney registration requirements. Furthermore, Office of Court Administration records likewise establish that Cavalier has duly registered and cured any preexisting registration delinquency. Accordingly, with AGC voicing no other substantive objection to his application, and having determined that Cavalier is now eligible to resign for nondisciplinary reasons ( compare Matter of Tierney, 148 A.D.3d 1457, 1458, 51 N.Y.S.3d 638 [2017] ; Matter of Bomba, 146 A.D.3d at 1227, 46 N.Y.S.3d 433 ), we grant the application and accept his resignation.
Egan Jr., J.P., Aarons, Pritzker, Reynolds Fitzgerald and Colangelo, JJ., concur.
ORDERED that Roland Mark Cavalier's application for permission to resign is granted and his nondisciplinary resignation is accepted; and it is further
ORDERED that Roland Mark Cavalier'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 Roland Mark Cavalier 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 Cavalier 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 Roland Mark Cavalier shall, within 30 days of the date of this decision, surrender to the Office of Court Administration any Attorney Secure Pass issued to him.