Opinion
05-25-2017
In the Matter of Dana Lynn KAPLAN, an Attorney. (Attorney Registration No. 5057104).
Dana Lynn Kaplan, West Palm Beach, Florida, pro se. Monica A. Duffy, Attorney Grievance Committee for the Third Judicial Department, Albany, for Attorney Grievance Committee for the Third Judicial Department.
Dana Lynn Kaplan, West Palm Beach, Florida, pro se.
Monica A. Duffy, Attorney Grievance Committee for the Third Judicial Department, Albany, for Attorney Grievance Committee for the Third Judicial Department.
Before: McCARTHY, J.P., EGAN JR., ROSE, CLARK and MULVEY, JJ.
PER CURIAM.
Dana Lynn Kaplan was admitted to practice by this Court in 2012 and lists a business address in West Palm Beach, Florida with the Office of Court Administration. Kaplan 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, Kaplan is presently delinquent in her New York attorney registration requirements, having failed to register for the most recent applicable biennial period (see Judiciary Law § 468–a ; Rules of the Chief Admin. of Cts. [22 NYCRR] § 118.1). Inasmuch as Kaplan 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 Kaplan 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 Dana Lynn Kaplan's application for permission to resign is denied.
McCARTHY, J.P., EGAN JR., ROSE, CLARK and MULVEY, JJ., concur.