Opinion
11-16-2017
In the Matter of Charles Solomon SUTTON, an Attorney. (Attorney Registration No. 5162045).
Charles Solomon Sutton, St. Paul, Minnesota, pro se. Monica A. Duffy, Attorney Grievance Committee for the Third Judicial Department, Albany, for Attorney Grievance Committee for the Third Judicial Department.
Charles Solomon Sutton, St. Paul, Minnesota, pro se.
Monica A. Duffy, Attorney Grievance Committee for the Third Judicial Department, Albany, for Attorney Grievance Committee for the Third Judicial Department.
Before: LYNCH, J.P., DEVINE, CLARK, MULVEY and PRITZKER, JJ.
PER CURIAM.Charles Solomon Sutton was admitted to practice by this Court in 2013 and lists a business address in Minneapolis, Minnesota with the Office of Court Administration. Sutton 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, Sutton is presently delinquent in his New York attorney registration requirements, having failed to register for two consecutive biennial periods beginning in 2015 (see Judiciary Law § 468–a ; Rules of the Chief Admin of Cts [22 NYCRR] § 118.1). Inasmuch as Sutton 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 Taboada, 152 A.D.3d 1043, 1044, 55 N.Y.S.3d 922 [2017] ; Matter of Bomba, 146 A.D.3d 1226, 1226–1227, 46 N.Y.S.3d 433 [2017] ). Further, any future application by Sutton 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 Taboada, 152 A.D.3d at 1044, 55 N.Y.S.3d 922).
ORDERED that Charles Solomon Sutton's application for permission to resign is denied.
LYNCH, J.P., DEVINE, CLARK, MULVEY and PRITZKER, JJ., concur.