Opinion
05-25-2017
In the Matter of Allison FULTON, an Attorney. (Attorney Registration No. 4394623).
Allison Fulton, Washington, DC, pro se. Monica A. Duffy, Attorney Grievance Committee for the Third Judicial Department, Albany, for Attorney Grievance Committee for the Third Judicial Department.
Allison Fulton, Washington, DC, 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., DEVINE, CLARK, MULVEY and AARONS, JJ.
PER CURIAM.
Allison Fulton was admitted to practice by this Court in 2006 and lists a business address in Washington, DC with the Office of Court Administration. Fulton 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, Fulton 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 Fulton 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 Fulton 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 Allison Fulton's application for permission to resign is denied.
EGAN JR., J.P., DEVINE, CLARK, MULVEY and AARONS, JJ., concur.