Matter of Kearing ( 2024 )

Matter of Kearing (2024 NY Slip Op 04432)

Matter of Kearing

2024 NY Slip Op 04432

Decided on September 12, 2024

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:September 12, 2024

PM-178-24

[*1]In the Matter of Samuel John Kearing, an Attorney. (Attorney Registration No. 1618727.)

Calendar Date:September 9, 2024
Before:Aarons, J.P., Pritzker, Reynolds Fitzgerald, Ceresia and McShan, JJ.

Samuel John Kearing, Centerport, pro se.

Monica A. Duffy, Attorney Grievance Committee for the Third Judicial Department, Albany (Alison M. Coan of counsel), for Attorney Grievance Committee for the Third Judicial Department.

Per Curiam.

Samuel John Kearing was admitted to practice by this Court in 1958 and lists an address in Centerport, New York with the Office of Court Administration. Kearing now seeks leave to resign from the New York bar for nondisciplinary reasons (see Rules for Atty Disciplinary Matters [22 NYCRR] § 1240.22 [a]). The Attorney Grievance Committee for the Third Judicial Department (hereinafter AGC) advises that it does not oppose Kearing's application.

Upon reading Kearing's affidavit sworn to July 23, 2024 and filed July 25, 2024, and upon reading the August 27, 2024 correspondence in response by the Deputy Chief Attorney for AGC, and having determined that Kearing is eligible to resign for nondisciplinary reasons, we grant his application and accept his resignation.

Aarons, J.P., Pritzker, Reynolds Fitzgerald, Ceresia and McShan, JJ., concur.

ORDERED that Samuel John Kearing's application for permission to resign is granted and his nondisciplinary resignation is accepted; and it is further

ORDERED that Samuel John Kearing's name is hereby stricken from the roll of attorneys and counselors-at-law of the State of New York, effective immediately, and until further order of this Court (see generally Rules for Atty Disciplinary Matters [22 NYCRR] § 1240.22 [b]); and it is further

ORDERED that Samuel John Kearing is commanded to desist and refrain from the practice of law in any form in the State of New York, either as principal or as agent, clerk or employee of another; and Kearing is hereby forbidden to appear as an attorney or counselor-at-law before any court, judge, justice, board, commission or other public authority, or to give to another an opinion as to the law or its application, or any advice in relation thereto, or to hold himself out in any way as an attorney and counselor-at-law in this State; and it is further

ORDERED that Samuel John Kearing shall, within 30 days of the date of this decision, surrender to the Office of Court Administration any Attorney Secure Pass issued to him.