Opinion
Motion No. 2023-02257 Attorney Registration No. 2001899
06-01-2023
In the Matter of Marcia Smithen, an attorney and counselor-at-law.
Unpublished Opinion
MOTION DECISION
M288997 E/JVD
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER
Marcia Smithen has submitted an affidavit dated March 2, 2023, wherein she voluntarily resigns from the New York State Bar. Smithen was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on May 22, 1985. There are no complaints or charges of professional misconduct pending against her. Smithen presently resides in Florida, does not practice law in New York, and, under these circumstances, does not wish to pay the biennial registration fee.
Upon the papers submitted in support of the resignation, it is
ORDERED that the voluntary resignation of Marcia Smithen is accepted and directed to be filed; and it is further, ORDERED that the name of Marcia Smithen is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further, ORDERED that pursuant to Judiciary Law § 90, effective immediately, Marcia Smithen is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding herself out in any way as an attorney and counselor-at-law in the State of New York; and it is further, ORDERED that if Marcia Smithen has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.