Matter of Lee-Davis , 154 A.D.3d 1272 ( 2017 )

Matter of Lee-Davis (2017 NY Slip Op 07519)

Matter of Lee-davis

2017 NY Slip Op 07519

Decided on October 26, 2017

Appellate Division, Third Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided and Entered: October 26, 2017

[*1]In the Matter of AYANNA M. LEE-DAVIS, an Attorney.

(Attorney Registration No. 4291373) Calendar Date: September 25, 2017
Before: Lynch, J.P., Rose, Devine, Clark and Aarons, JJ.

Ayanna M. Lee-Davis, Gibsonia, Pennsylvania, pro se.

Monica A. Duffy, Attorney Grievance Committee for the Third Judicial Department, Albany, for Attorney Grievance Committee for the Third Judicial Department.

MEMORANDUM AND ORDER

Ayanna M. Lee-Davis was admitted to practice by this Court in 2005 and lists a business address in Pittsburgh, Pennsylvania with the Office of Court Administration. Lee-Davis now 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, Lee-Davis is presently delinquent in her New York attorney registration requirements, having failed to timely register for the biennial period beginning in 2017 (see Judiciary Law § 468-a; Rules of the Chief Admin of Cts [22 NYCRR] § 118.1). Inasmuch as Lee-Davis 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]), she is ineligible for nondisciplinary resignation and her application must be denied (see Matter of Cluff, 148 AD3d 1346, 1346 [2017]; Matter of Bomba, 146 AD3d 1226, 1226-1227 [2017]). Further, any future application by Lee-Davis must be supported by proof of her 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]).

Lynch, J.P., Rose, Devine, Clark and Aarons, JJ., concur.

ORDERED that Ayanna M. Lee-Davis's application for permission to resign is denied.