Opinion
05-25-2017
In the Matter of Kathleen Marie CREAMER, an Attorney. (Attorney Registration No. 4219804).
Kathleen Marie Creamer, Philadelphia, Pennsylvania, pro se. Monica A. Duffy, Attorney Grievance Committee for the Third Judicial Department, Albany, for Attorney Grievance Committee for the Third Judicial Department.
Kathleen Marie Creamer, Philadelphia, Pennsylvania, pro se.
Monica A. Duffy, Attorney Grievance Committee for the Third Judicial Department, Albany, for Attorney Grievance Committee for the Third Judicial Department.
Before: GARRY, J.P., ROSE, CLARK, MULVEY and AARONS, JJ.
PER CURIAM.
Kathleen Marie Creamer was admitted to practice by this Court in 2004 and lists a business address in Philadelphia, Pennsylvania with the Office of Court Administration. Creamer now seeks leave to resign from the New York bar for nondisciplinary reasons (see Uniform 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, Creamer is presently delinquent in her New York attorney registration requirements, having failed to timely register for the 2016–2017 biennial period (see Judiciary Law § 468–a ; Matter of Turgeon, 148 A.D.3d 1458, 1459, 48 N.Y.S.3d 899 [2017] ; Rules of the Chief Admin of Cts [22 NYCRR] § 118.1). Inasmuch as Creamer 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, 984 N.Y.S.2d 134 [2014]; Matter of Arms, 251 A.D.2d 743, 743–744, 674 N.Y.S.2d 156 [1998] ; Matter of Ryan, 238 A.D.2d 713, 713–714, 656 N.Y.S.2d 444 [1997] ; Matter of Farley, 205 A.D.2d 874, 874–875, 613 N.Y.S.2d 458 [1994] ), she is ineligible for nondisciplinary resignation and her 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 Creamer must be supported by proof of her 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 Kathleen Marie Creamer's application for permission to resign is denied.
GARRY, J.P., ROSE, CLARK, MULVEY and AARONS, JJ., concur.