In re Scaliti

Full title: In the Matter of John Joseph Scaliti, an Attorney.

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

Date published: Apr 30, 2020

182 A.D.3d 982 (N.Y. App. Div. 2020)

2020 N.Y. Slip Op. 2526

120 N.Y.S.3d 884

Opinion

PM-69-20

04-30-2020

In the MATTER OF John Joseph SCALITI, an Attorney. (Attorney Registration No. 4941688)

John Joseph Scaliti, East Rutherford, New Jersey, 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.

John Joseph Scaliti, East Rutherford, New Jersey, 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.

John Joseph Scaliti was admitted to practice by this Court in 2011 and lists a business address in Hackensack, New Jersey with the Office of Court Administration. Scaliti 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, Scaliti 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 Scaliti 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 Scaliti 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 John Joseph Scaliti's application for permission to resign is denied.