Thursday, March 23, 2023
Resignation Not Accepted
The New York Appellate Division for the Third Judicial Department denied an attorney's application to resign from the Bar and ordered an interim suspension
We further agree with AGC's concern that respondent's resignation application is an attempt to minimize his misconduct and to avoid any public determination of same. While respondent's statements do "readily admit" his wrongdoing regarding the firm's escrow account, they simultaneously minimize his culpability in the misappropriation of funds from the firm's operating account by noting only briefly that such issue was "resolved" by the mutual exchanges of releases between respondent and [his law firm] DGD. Accordingly, we deny respondent's motion for leave to resign.
given respondent's admission of professional misconduct as to the firm's escrow account and the fact that respondent has failed to respond to AGC's notices directing him to fully address its allegations, we grant AGC's cross-motion (see Matter of Hessberg, 166 AD3d at1284; Matter of DiStefano, 154 AD3d 1055, 1056-1057 [3d Dept 2017]). AGC's remaining request for an order directing respondent to pay restitution has been considered and found to be premature (see Judiciary Law § 90 [6-a]).