Matter of Fries ( 2023 )

Matter of Fries (2023 NY Slip Op 04631)

Matter of Fries

2023 NY Slip Op 04631

Decided on September 14, 2023

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 14, 2023

PM-215-23

[*1]In the Matter of Philip J. Fries Jr., an Attorney. (Attorney Registration No. 2242527.)

Calendar Date:September 11, 2023
Before:Garry, P.J., Clark, Pritzker, Reynolds Fitzgerald and McShan, JJ.

Philip J. Fries Jr., Saratoga, California, pro se.

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

Per Curiam.

Philip J. Fries Jr. was admitted to practice by this Court in 1989 and lists a business address in San Diego, California with the Office of Court Administration. Fries 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 Fries's application.

Upon reading Fries's affidavit sworn to June 9, 2023 and filed June 14, 2023, and upon reading the September 6, 2023 correspondence in response by the Chief Attorney for AGC, and having determined that Fries is eligible to resign for nondisciplinary reasons, we grant his application and accept his resignation.

Garry, P.J., Clark, Pritzker, Reynolds Fitzgerald and McShan, JJ., concur.

ORDERED that Philip J. Fries Jr.'s application for permission to resign is granted and his nondisciplinary resignation is accepted; and it is further

ORDERED that Philip J. Fries Jr.'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 Philip J. Fries Jr. 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 Fries 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 Philip J. Fries Jr. shall, within 30 days of the date of this decision, surrender to the Office of Court Administration any Attorney Secure Pass issued to him.