An attorney subject to potential disciplinary action for failing to meet biennial registration requirements is ineligible for nondisciplinary resignation from the bar.
An attorney admitted to the New York bar seeks leave to resign for nondisciplinary reasons but is currently delinquent in biennial registration requirements. The Attorney Grievance Committee opposes the application. The court must determine whether an attorney subject to potential disciplinary action for registration violations is eligible for nondisciplinary resignation. The court applies the rule that attorneys facing potential discipline for failing to register are ineligible for nondisciplinary resignation. Consequently, the court denies the application and requires the attorney to satisfy all registration requirements before filing any future application.
At page 1458 Denying resignation due to failure to meet registration requirements3 citing casesness address in Norwalk, Connecticut with the Office of Court Administration. By affidavit sworn to June 20, 2016, Tierney seeks leave to resign from the New…
- Matter of Verdieck, 2026 NY Slip Op 04814 (N.Y. App. Div. 3d Dep't 2026).published Accordingly, with AGC voicing no other substantive objection to her application, and having determined that Verdieck is now eligible to resign for nondisciplinary reasons ( compare Matter of Tierney , 148 AD3d 1457, 1458 [3d Dept 2017]; Ma…
- Matter of Meyers, 2026 NY Slip Op 04355 (N.Y. App. Div. 3d Dep't 2026).publishedAccordingly, with AGC voicing no other substantive objection to his application, and having determined that Meyers is now eligible to resign for nondisciplinary reasons ( compare Matter of Tierney , 148 AD3d 1457, 1458 [3d Dept 2017]; Matt…
- Matter of Hornsby, 237 A.D.3d 1474 (N.Y. App. Div. 3d Dep't 2025).publishedAccordingly, with AGC voicing no other substantive objection to her application, and having determined that Hornsby is now eligible to resign for nondisciplinary reasons ( compare Matter of Tierney , 148 AD3d 1457, 1458 [3d Dept 2017]; Mat…
Other citing cases
- Matter of Landau, 2018 NY Slip Op 8741 (N.Y. App. Div. 3d Dep't 2018).published
- Matter of Nordeen, 2018 NY Slip Op 6177 (N.Y. App. Div. 3d Dep't 2018).published
- Matter of Zachariah, 2018 NY Slip Op 889 (N.Y. App. Div. 3d Dep't 2018).published
Thomas Joseph Tierney was admitted to practice by this Court in 1993 and has previously listed a busi[*1458]ness address in Norwalk, Connecticut with the Office of Court Administration. By affidavit sworn to June 20, 2016, Tierney 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, Tierney is presently delinquent in his New York attorney registration requirements, having failed to register for the most recent applicable biennial period (see Judiciary Law § 468-a; Rules of Chief Admin of Cts [22 NYCRR] § 118.1).* Inasmuch as Tierney 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 AD3d 1020, 1021 [2014]; Matter of Arms, 251 AD2d 743, 743-744 [1998]; Matter of Ryan, 238 AD2d 713, 713-714 [1997]; Matter of Farley, 205 AD2d 874, 874-875 [1994]), he is ineligible for nondisciplinary resignation and his application must be denied (see Matter of Cluff, 148 AD3d 1346 [2017]; Matter of Bomba, 146 AD3d 1226, 1226-1227 [2017]). Further, any future application by Tierney 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 AD3d 1228, 1228-1229 [2017]).
Garry, J.P., Lynch, Rose, Mulvey and Aarons, JJ., concur.Ordered that Thomas Joseph Tierney’s application for permission to resign is denied.
Although AGC states that Tierney has failed to register for the biennial period commencing in 2016, Office of Court Administration records reflect that he has actually failed to register for the period commencing in 2015.