In re Delgado

Full title: In the Matter of Tatyana Estybaliz Delgado, an Attorney.

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

Date published: Nov 21, 2019

177 A.D.3d 1151 (N.Y. App. Div. 2019)

110 N.Y.S.3d 856

2019 N.Y. Slip Op. 8473

Opinion

PM-204-19

11-21-2019

In the MATTER OF Tatyana Estybaliz DELGADO, an Attorney. (Attorney Registration No. 4899597)

Tatyana Estybaliz Delgado, Takoma Park, Maryland, 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.

Tatyana Estybaliz Delgado, Takoma Park, Maryland, pro se.

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

Before: Egan Jr., J.P., Lynch, Clark and Mulvey, JJ.

MEMORANDUM AND ORDER ON MOTION

Per Curiam. Tatyana Estybaliz Delgado was admitted to practice by this Court in 2011 and lists a business address in Silver Spring, Maryland with the Office of Court Administration. Delgado 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, Delgado is presently delinquent in her New York attorney registration requirements, having failed to register for the most recent biennial period beginning in 2019 (see Judiciary Law § 468–a ; Rules of the Chief Admin. of Cts. [22 NYCRR] § 118.1). Inasmuch as Delgado 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, 172 A.D.3d 1706, 1706–1707, 104 N.Y.S.3d 211 [2019] ), 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 Delgado 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 Tatyana Estybaliz Delgado's application for permission to resign is denied.

Egan Jr., J.P., Lynch, Clark and Mulvey, JJ., concur.