Opinion
March 10, 1952.
Application for admission to the Bar denied upon the ground that the applicant has failed to furnish satisfactory proof that he is and has been an actual resident of the State of New York for not less than six months immediately preceding the making of such application for admission as required by paragraph (3) of subdivision (f) of rule 1 of the Rules of Civil Practice, with leave to renew upon proper proof of compliance with the applicable rules. Nolan, P.J., Carswell and Johnston, JJ., concur; Wenzel, J., dissents and votes to grant the application and admit the applicant to the Bar, with the following memorandum, in which Adel, J., concurs: The applicant is a native of the city of New York and since 1930 has resided in Queens County except for periods of temporary absence when he was serving in the United States Navy or attending college and law school. He was graduated from law school in June, 1951. After passing the bar examinations the applicant accepted temporary employment with an associate judge of the Maryland Court of Appeals at Annapolis, Maryland, for a nine or ten-month period beginning October 1, 1951, and ending with the termination of the session of that court in June or July, 1952. Since October 1, 1951, the applicant and his wife have been living in furnished rooms in Baltimore, Maryland. He claims, however, and it is not disputed that his real or actual place of residence is still in Queens County at the home of his parents. His furniture is there; a separate apartment remains vacant and available to him there; and from time to time he has returned there. In my opinion the applicant's temporary employment with an associate judge of the Maryland Court of Appeals is obviously in the nature of an apprenticeship, intended to supplement the applicant's academic studies and to complete his legal training. His residence in Baltimore is a necessary incident to such apprenticeship and is tantamount to his residence in Massachusetts while attending the law school. Such a temporary and enforced abode, whether it is an incident to academic study of the law or an incident to apprenticeship in the practical application of the law, is no more than a sojourn in another place. It constitutes a temporary absence from the applicant's actual place of residence; and it should not be deemed to effect a change in such residence within the spirit and intent of the rules.