Opinion
PM–209–19
11-27-2019
In the MATTER OF Max Thomas LINDSEY, an Attorney. (Attorney Registration No. 5414305)
Max Thomas Lindsey, Washburn, Wisconsin, pro se. Monica A. Duffy, Attorney Grievance Committee for the Third Judicial Department, Albany, for Attorney Grievance Committee for the Third Judicial Department.
Max Thomas Lindsey, Washburn, Wisconsin, 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., Clark, Mulvey, Aarons and Pritzker, JJ.
MEMORANDUM AND ORDER ON MOTION
Per Curiam. Max Thomas Lindsey was admitted to practice by this Court in 2016 and lists a business address in the City of Albany with the Office of Court Administration. Lindsey presently 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, Lindsey is presently delinquent in his New York attorney registration requirements, having failed to register for the biennial period beginning in 2018 (see Judiciary Law § 468–a ; Rules of the Chief Admin of Cts [22 NYCRR] § 118.1). Inasmuch as Lindsey 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, 104 N.Y.S.3d 211 [2019] ), he is ineligible for nondisciplinary resignation and his application must therefore 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 Lindsey 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] ).
Garry, P.J., Clark, Mulvey, Aarons and Pritzker, JJ., concur. ORDERED that Max Thomas Lindsey's application for permission to resign is denied.