In re Mingal

Full title: In the Matter of ADAM BRANDEN MINGAL, an Attorney.

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

Date published: Jun 7, 2018

2018 N.Y. Slip Op. 4071 (N.Y. App. Div. 2018)

2018 N.Y. Slip Op. 4071

Opinion

D–69–18

06-07-2018

In the MATTER OF Adam Branden MINGAL, an Attorney. (Attorney Registration No. 4894432)

Adam Branden Mingal, 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.

Per Curiam.

Adam Branden Mingal, 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: McCarthy, J.P., Egan Jr., Lynch, Devine and Clark, JJ.

MEMORANDUM AND ORDER ON MOTION

Per Curiam. Adam Branden Mingal was admitted to practice by this Court in 2011 and lists a business address in Hyattsville, Maryland with the Office of Court Administration. Mingal 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, Mingal is presently delinquent in his New York attorney registration requirements, having failed to register for the biennial period beginning in 2017 (see Judiciary Law § 468–a ; Rules of the Chief Admin of Cts [22 NYCRR] § 118.1). Inasmuch as Mingal 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, 979 N.Y.S.2d 548 [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 Mingal 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 Adam Branden Mingal's application for permission to resign is denied.

McCarthy, J.P., Egan Jr., Lynch, Devine and Clark, JJ. concur.