In re Bomba

• Decision Date: 19 January 2017
• Citation: 2017 N.Y. Slip Op. 00375,146 A.D.3d 1226,46 N.Y.S.3d 433 (Mem)
• Parties: In the Matter of Margaret Alice BOMBA, an Attorney. (Attorney Registration No. 4797411).
• Court: New York Supreme Court — Appellate Division

146 A.D.3d 1226

46 N.Y.S.3d 433 (Mem)

2017 N.Y. Slip Op. 00375

In the Matter of Margaret Alice BOMBA, an Attorney. (Attorney Registration No. 4797411).

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

Jan. 19, 2017.

Margaret Alice Bomba, Boston, Massachusetts, pro se.

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

Before: PETERS, P.J., GARRY, DEVINE, CLARK and AARONS, JJ.

PER CURIAM.

Margaret Alice Bomba was admitted to practice by this Court in 2010 and lists a business address in Boston, Massachusetts with the Office of Court Administration. By affidavit sworn to August 4, 2016, Bomba now seeks leave to resign from the New York bar for nondisciplinary reasons (see Uniform Rules for Attorney Disciplinary Matters [22 NYCRR] § 1240.22 [a] ). The Attorney Grievance Committee for the Third Judicial Department (hereinafter AGC) opposes Bomba's application by correspondence from its Chief Attorney.

Bomba's application must be denied. Judiciary Law § 468–a and Rules of the Chief Administrator of the Courts (22 NYCRR) § 118.1 each require that attorneys admitted to practice in New York file a biennial registration statement, and attendant fee, with the Office of Court Administration. Judiciary Law § 468–a (5) directly states that the failure to duly register "shall constitute conduct prejudicial to the administration of justice and shall be referred to the appropriate appellate division ... for disciplinary action" (see Benjamin v. Koeppel, 85 N.Y.2d 549, 556, 626 N.Y.S.2d 982, 650 N.E.2d 829 [1995] ; see also Rules of Chief Admin of Cts [22 NYCRR] § 118.1 [h] ). Further, the Rules of Professional Conduct explicitly define conduct that is prejudicial to the administration of justice as attorney misconduct (see Rules of Professional Conduct [22 NYCRR 1200.0 ] rule 8.4 [d] ), and this Court has repeatedly and consistently held that failure to comply with the registration requirements is professional misconduct warranting discipline (see Matter of Attorneys in Violation of Judiciary Law § 468–a, 113 A.D.3d 1020, 1021 [2014]; Matter of Arms, 251 A.D.2d 743, 743–744, 674 N.Y.S.2d 156 [1998] ; Matter of Ryan, 238 A.D.2d 713, 713–714, 656 N.Y.S.2d 444 [1997] ; Matter of Farley, 205 A.D.2d 874, 874–875, 613 N.Y.S.2d 458 [1994] ).

As noted by AGC, Bomba has failed to abide by the attorney registration requirements for three consecutive biennial periods beginning in 2012. Accordingly, we find that she is ineligible for nondisciplinary resignation and deny her application. We further hold that any future application by Bomba for leave...