In re Ko

Full title: In the Matter of JUSTIN TIMOTHY KO, an Attorney.

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

Date published: Oct 25, 2018

165 A.D.3d 1582 (N.Y. App. Div. 2018)

2018 N.Y. Slip Op. 7231

84 N.Y.S.3d 387

Opinion

D–133–18

10-25-2018

In the MATTER OF Justin Timothy KO, an Attorney. (Attorney Registration No. 5469804)

Justin Timothy Ko, Vancouver, Canada, 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.

Justin Timothy Ko, Vancouver, Canada, pro se.

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

MEMORANDUM AND ORDER ON MOTION

Per Curiam.

Justin Timothy Ko was admitted to practice by this Court in 2016 and lists a business address in Hong Kong with the Office of Court Administration. Ko 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, Ko is presently delinquent in his New York attorney registration requirements, having failed to register for the biennial period beginning in 2016 (see Judiciary Law § 468–a ; Rules of the Chief Admin of Cts [22 NYCRR] § 118.1). Inasmuch as Ko 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 Ko 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] ).

ORDERED that Justin Timothy Ko's application for permission to resign is denied.

Garry, P.J., McCarthy, Devine, Aarons and Pritzker, JJ., concur.