Opinion
05-25-2017
In the Matter of Edward J. WILSON, an Attorney. (Attorney Registration No. 2366938).
Edward J. Wilson, New York City, pro se. Monica A. Duffy, Attorney Grievance Committee for the Third Judicial Department, Albany, for Attorney Grievance Committee for the Third Judicial Department.
Edward J. Wilson, New York City, 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., LYNCH, ROSE, MULVEY and AARONS, JJ.
PER CURIAM.
Edward J. Wilson was admitted to practice by this Court in 1981 and lists a business address in New York City with the Office of Court Administration. Wilson now seeks leave to resign from the New York bar for nondisciplinary reasons (see Uniform 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, Wilson is presently delinquent in his New York attorney registration requirements, having failed to timely register for the 2016–2017 biennial period (see Judiciary Law § 468–a ; Rules of the Chief Admin of Cts. [22 NYCRR] § 118.1). Inasmuch as Wilson 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, 984 N.Y.S.2d 134 [2014]; Matter of Arms, 251 A.D.2d 743, 743–744, 674 N.Y.S.2d 156 [1998] ; Matter of Ryan, 238 A.D.2d 713, 713–714, 656 N.Y.S.2d 444 [1997] ; Matter of Farley, 205 A.D.2d 874, 874–875, 613 N.Y.S.2d 458 [1994] ), 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 Wilson 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] ).
We note, parenthetically, that Wilson additionally failed to submit a complete affidavit in support of his application for resignation, and also failed to serve a copy of same upon AGC and the Lawyers' Fund for Client Protection (see Uniform Rules for Attorney Disciplinary Matters [22 NYCRR] § 1240.22 [a][1]; Uniform Rules for Attorney Disciplinary Matters [22 NYCRR] part 1240, appendix E; Rules of App.Div., 3d Dept. [22 NYCRR] § 806.22 [a] ).
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ORDERED that Edward J. Wilson's application for permission to resign is denied.
McCARTHY, J.P., LYNCH, ROSE, MULVEY and AARONS, JJ., concur.