Opinion
PM-232-19
12-19-2019
In the MATTER OF Michael G. KEBEDE, an Attorney. (Attorney Registration No. 5483060)
Michael G. Kebede, South Portland, Maine, pro se. Monica A. Duffy, Attorney Grievance Committee for the Third Judicial Department, Albany, for Attorney Grievance Committee for the Third Judicial Department.
Michael G. Kebede, South Portland, Maine, 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, P.J., Aarons, Pritzker, Reynolds Fitzgerald and Colangelo, JJ.
MEMORANDUM AND ORDER ON MOTION
Per Curiam. Michael G. Kebede was admitted to practice by this Court in 2017 and lists a business address in Portland, Maine with the Office of Court Administration. Kebede 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, Kebede is presently delinquent in his New York attorney registration requirements, having failed to register for the biennial period beginning in 2019 (see Judiciary Law § 468–a ; Rules of the Chief Admin of Cts [22 NYCRR] § 118.1). Inasmuch as Kebede 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 [2014] ), he is ineligible for nondisciplinary resignation and his 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 Kebede must be supported by proof of his 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] ).
We further note that respondent omitted a material response in his affidavit and he has made no attempt to correct his omission (compare
Garry, P.J., Aarons, Pritzker, Reynolds Fitzgerald and Colangelo, JJ., concur. ORDERED that Michael G. Kebede's application for permission to resign is denied.
Matter of Friedman, 161 A.D.3d 1480, 1481, 73 N.Y.S.3d 916 [2018] ; see generally Matter of Attorneys in Violation of Judiciary Law § 468–a [Dahan], 176 A.D.3d 1564, 1565, 109 N.Y.S.3d 910 [3d Dept. 2019] ).