State of New York Supreme Court, Appellate Division Third Judicial Department

Motion to Suspend Attorneys Alleged to be in Violation of Judiciary Law § 468-a

Pursuant to Judiciary Law § 468-a and Rules of the Chief Administrator of the Courts (22 NYCRR) § 118.1, all attorneys admitted to practice in New York are required to register with the Office of Court Administration, Attorney Registration Unit every two years. This requirement applies to all attorneys, regardless of whether they reside in New York or elsewhere, including attorneys who have self-certified as "retired" pursuant to Rules of the Chief Administrator of the Courts (22 NYCRR) § 118.1 (g). By statute, the failure to duly register is conduct prejudicial to the administration of justice in violation of Rules of Professional Conduct (22 NYCRR 1200.0) rule 8.4 (d), and attorneys who fail to comply with their registration obligation may be referred to the Appellate Division of the Supreme Court for disciplinary action.

By motion returnable September 25, 2023, the Attorney Grievance Committee for the Third Judicial Department has applied for an order of this Court suspending 58 attorneys from practice upon the ground that such attorneys have failed to timely satisfy their biennial registration obligations. The Committee's motion papers are as follows:

1. Order to Show Cause executed on June 30, 2023 by Presiding Justice Elizabeth A. Garry

2. Affirmation in Support of Motion by Monica A. Duffy, Esq., Chief Attorney for the Attorney Grievance Committee for the Third Judicial Department

3. Ex. A to Affirmation - List of the Attorneys who are a Subject of this Motion

4. Supporting Affidavit of Samuel H. Younger, Chief Management Analyst for the Office of Court Administration, Attorney Registration Unit

Attorneys who are a subject of this motion may be heard in response by filing of papers with the Court, on or before September 22, 2023, at the following addresses:

Office of the Legal Profession
NYS Supreme Court, Appellate Division, Third Judicial Department
P.O. Box 7288, Capitol Station
Albany, New York  12224-0288

or-

Office of the Legal Profession
ad3-olp@nycourts.gov

Pursuant to the terms of the Order to Show Cause, papers in opposition to this motion "shall include satisfactory proof of compliance with the attorney registration requirements of Judiciary Law § 468-a and Rules of the Chief Administrator of the Courts (22 NYCRR) § 118.1."

Questions concerning this pending motion may be directed to the Court by email at
ad3-olp@nycourts.gov

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