Matter of Davis

Matter of Davis (2020 NY Slip Op 00342)

Matter of Davis

2020 NY Slip Op 00342

Decided on January 16, 2020

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: January 16, 2020

PM-16-20

[*1]In the Matter of Melinda Ann Davis, an Attorney. (Attorney Registration No. 5492251.)

Calendar Date: January 6, 2020
Before: Garry, P.J., Lynch, Clark, Aarons and Pritzker, JJ.

Melinda Ann Davis, Commerce, Michigan, 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.

Melinda Ann Davis was admitted to practice by this Court in 2017 and lists a business address in Southfield, Michigan with the Office of Court Administration. Davis has applied to this Court, by affidavit sworn to October 14, 2019, for 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, contending that Davis is ineligible for nondisciplinary resignation because she has failed to fulfill her attorney registration requirements for the most recent biennial period beginning in 2019 (see Judiciary Law § 468-a; Matter of Lee, 148 AD3d 1350 [2017]; Matter of Bomba, 146 AD3d 1226, 1226-1227 [2017]; Rules of the Chief Admin of Cts [22 NYCRR] § 118.1).

However, Office of Court Administration records establish that Davis has since become current in her New York attorney registration requirements and cured any preexisting registration delinquency. Accordingly, with AGC voicing no other substantive objection to her application, and having determined that Davis is now eligible to resign for nondisciplinary reasons (compare Matter of Tierney, 148 AD3d 1457, 1458 [2017]; Matter of Bomba, 146 AD3d at 1227), we grant the application and accept her resignation.

Garry, P.J., Lynch, Clark, Aarons and Pritzker, JJ., concur.

ORDERED that Melinda Ann Davis' application for permission to resign is granted and her nondisciplinary resignation is accepted; and it is further

ORDERED that Melinda Ann Davis' 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 Attorney Disciplinary Matters [22 NYCRR] § 1240.22 [b]); and it is further

ORDERED that Melinda Ann Davis 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 Davis 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 herself out in any way as an attorney and counselor-at-law in this State; and it is further

ORDERED that Melinda Ann Davis shall, within 30 days of the date of this decision, surrender to the Office of Court Administration any Attorney Secure Pass issued to her.