In re Fischer

• Decision Date: 08 September 2022
• Docket Number: PM-157-22
• Parties: In the MATTER OF Jennifer Anne FISCHER, an Attorney. (Attorney Registration No. 4418679)
• Court: New York Supreme Court — Appellate Division

172 N.Y.S.3d 927 (Mem)

In the MATTER OF Jennifer Anne FISCHER, an Attorney. (Attorney Registration No. 4418679)

PM-157-22

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

Calendar Date: August 29, 2022

Decided and Entered: September 8, 2022

Jennifer Anne Fischer, Washington, DC, pro se.

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

Before: Garry, P.J., Egan Jr., Aarons, Reynolds Fitzgerald and Ceresia, JJ.

MEMORANDUM AND ORDER ON MOTION

Per Curiam.

Jennifer Anne Fischer was admitted to practice by this Court in 2006 and lists a business address in Washington, DC with the Office of Court Administration. Fischer now seeks 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 by July 20, 2022 correspondence from its Chief Attorney.

As is noted by AGC, Fischer is presently delinquent in her New York attorney registration requirements, having failed to timely register for the 2022–2023 biennial period (see Judiciary Law § 468–a ; Rules of the Chief Admin of Cts [22 NYCRR] § 118.1). Inasmuch as Fischer is therefore subject to potential disciplinary action (see Judiciary Law § 468–a [5] ; Rules of Professional Conduct [ 22 NYCRR 1200.0 ] rule 8.4[d]; see also Matter of Attorneys in Violation of Judiciary Law §468–a, 113 A.D.3d 1020, 1021, 984 N.Y.S.2d 134 [3d Dept. 2014] ), she is ineligible for nondisciplinary resignation and her application must be denied (see Matter of Cluff, 148 A.D.3d 1346, 1346, 47 N.Y.S.3d 919 [3d Dept. 2017] ; Matter of Bomba, 146 A.D.3d 1226, 1226–1227, 46 N.Y.S.3d 433 [3d Dept. 2017] ). Further, any future application by Fischer must be supported by proof of her full satisfaction of the requirements of Judiciary Law § 468–a and Rules of the Chief Administrator of the Courts (22 NYCRR) § 118.1 (see Matter of Frank, 146 A.D.3d 1228, 1228–1229, 46 N.Y.S.3d 434 [3d Dept. 2017] ).

Garry, P.J., Egan Jr., Aarons, Reynolds Fitzgerald and Ceresia, JJ., concur.

ORDERED that Jennifer Anne Fischer's application for permission to resign is denied.