Opinion
PM-08-22 Attorney Registration 2203628
01-06-2022
In the Matter of Diana M. Weintraub, Also Known as Diana M. Bodner, an Attorney.
Diana M. Weintraub, Williamsburg, Virginia, pro se. Monica A. Duffy, Attorney Grievance Committee for the Third Judicial Department, Albany, for Attorney Grievance Committee for the Third Judicial Department.
Calendar Date:January 3, 2022
Diana M. Weintraub, Williamsburg, Virginia, 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., Lynch, Clark, Aarons and Colangelo, JJ.
PER CURIAM.
Diana M. Weintraub was admitted to practice by this Court in 1988 and lists a business address in Williamsburg, Virginia with the Office of Court Administration. Weintraub 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, Weintraub is presently delinquent in her New York attorney registration requirements, having failed to register for the biennial period beginning in 2020 (see Judiciary Law § 468-a; Rules of the Chief Admin of Cts [22 NYCRR] § 118.1). Inasmuch as Weintraub 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 [2014]), she is ineligible for nondisciplinary resignation and her application must be denied (see Matter of Cluff, 148 A.D.3d 1346, 1346 [2017]; Matter of Bomba, 146 A.D.3d 1226, 1226-1227 [2017]). Further, any future application by Weintraub must be supported by proof of her 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 [2017]).
Garry, P.J., Lynch, Clark, Aarons and Colangelo, JJ., concur.
ORDERED that Diana M. Weintraub's application for permission to resign is denied.