In re Attorneys in Violation of Judiciary Law § 468-A

• Decision Date: 09 July 2020
• Docket Number: PM–85–20
• Citation: 127 N.Y.S.3d 605,185 A.D.3d 1200
• Parties: In the MATTER OF ATTORNEYS IN VIOLATION OF JUDICIARY LAW § 468-A. Paula Alejandra Menar, Respondent. (Attorney Registration No. 4249280)
• Court: New York Supreme Court — Appellate Division

185 A.D.3d 1200

127 N.Y.S.3d 605

In the MATTER OF ATTORNEYS IN VIOLATION OF JUDICIARY LAW § 468-A. Paula Alejandra Menar, Respondent. (Attorney Registration No. 4249280)

PM–85–20

Supreme Court, Appellate Division, Third Department, New York.

Calendar Date: June 15, 2020

Decided and Entered: July 9, 2020

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

Paula Alejandra Menar, Millstone Twp., New Jersey, respondent pro se.

Before: Egan Jr., J.P., Clark, Devine, Pritzker and Colangelo, JJ.

MEMORANDUM AND ORDER ON MOTION

Per Curiam.

Respondent was admitted to practice by this Court in 2004. She was previously admitted in New Jersey, where she now lists a business address with the Office of Court Administration. By May 2019 order of this Court, respondent was suspended from practice for conduct prejudicial to the administration of justice arising from her failure to comply with her attorney registration obligations beginning in 2012 ( Matter of Attorneys in Violation of Judiciary Law § 468–a, 172 A.D.3d 1706, 1741, 104 N.Y.S.3d 211 [2019] ). Upon curing her registration delinquency in January 2020, respondent, by motion marked returnable on the adjourned date of July 15, 2020, now applies for her reinstatement with a request for waiver of the requirement that she retake the Multistate Professional Responsibility Examination (hereinafter MPRE) (see Rules for Attorney Disciplinary Matters [ 22 NYCRR] § 1240.16 [a] ) and, in succession, for an order granting her leave to resign for nondisciplinary reasons (see Rules for Attorney Disciplinary Matters [ 22 NYCRR] § 1240.22 ). The Attorney Grievance Committee for the Third Judicial Department (hereinafter AGC) has opposed respondent's motion based upon certain deficiencies in her reinstatement application,¹ and respondent has since submitted supplemental correspondence addressing AGC's concerns.

Initially, we note that, given respondent's current suspension in this state, she would not generally be eligible for nondisciplinary resignation until she is reinstated (see generally Matter of Scaliti, 182 A.D.3d 982, 982, 120 N.Y.S.3d 884 [2020] ; Matter of Cluff, 148 A.D.3d 1346, 1346, 47 N.Y.S.3d 919 [2017] ). Nonetheless, this Court has recently approved an expedited procedure where – when a respondent's request for reinstatement is made contemporaneously with his or her request to resign – such relief can be granted in appropriate circumstances, and that so doing may also provide the potential justification for a waiver of the MPRE requirement (see Matter of Attorneys in Violation of Judiciary Law § 468–a [D'Alessandro], 177 A.D.3d 1243, 114 N.Y.S.3d 512 [2019] ).

Here, our review of the totality of respondent's reinstatement application confirms that she has sufficiently addressed the requisite standard "[a]ll attorneys seeking reinstatement from suspension must establish, by clear and convincing evidence, [namely,] that (1) he or she has complied with the order of suspension and the Rules of this Court, (2) he or she has the requisite character and fitness for the practice of law, and (3) it would be in the public's interest to reinstate the attorney to practice in New York" (Matter of Attorneys in Violation of Judiciary Law § 468–a [Nenninger], 180 A.D.3d 1317, 1317–1318, 116 N.Y.S.3d 920 [2020] ; see Rules for Attorney Disciplinary Matters [ 22 NYCRR] § 1240.16 [a] ). Given the length of her suspension, respondent properly submits a sworn affidavit in the proper form (see Rules for Attorney Disciplinary Matters [ 22 NYCRR] § 1240.16 [b]; part 1240, app C) and Office of Court Administration records confirm that she is now current with her biennial registration requirements (see Judiciary Law § 468–a ; Rules of the Chief Admin of Cts [22 NYCRR] § 118.1). As for respondent's request for a waiver of the MPRE requirement, we conclude, as was the case in Matter of Attorneys in Violation of Judiciary Law § 468–a [D'Alessandro], 177 A.D.3d at 1244, 114 N.Y.S.3d 512 ), that respondent has sufficiently demonstrated that further MPRE testing is not necessary given her motion "to simultaneously resign in conjunction with her motion for reinstatement." By doing so, she "has obviated the need for ethical retraining, as she will no longer be admitted to the practice of law in this state ( id. )" Accordingly, inasmuch as respondent has, among other things, cured her registration delinquency and is not seeking reinstatement from serious public discipline, we grant her request for a waiver from additional MPRE testing (see id. ).

As for the remainder of respondent's reinstatement application, we find that respondent has sufficiently demonstrated her compliance with the order of suspension and, further, that her application documentation shows no cause for concern as to her character and fitness (see Matter of Attorneys in Violation of Judiciary Law § 468–a [Ohm], 183 A.D.3d 1221, 1223, 124 N.Y.S.3d 114 [2020] ). Additionally, given respondent's application submissions and the nature of her misconduct, we find that respondent's reinstatement and ability to resign from the New York bar...