In re Gorman

• Decision Date: 01 December 2022
• Docket Number: PM-210-22
• Citation: 177 N.Y.S.3d 509 (Mem)
• Parties: In the MATTER OF Joseph Abraham GORMAN, an Attorney. (Attorney Registration No. 4933164)
• Court: New York Supreme Court — Appellate Division

177 N.Y.S.3d 509 (Mem)

In the MATTER OF Joseph Abraham GORMAN, an Attorney. (Attorney Registration No. 4933164)

PM-210-22

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

Calendar Date: November 7, 2022

Decided and Entered: December 1, 2022

Joseph Abraham Gorman, San Francisco, California, 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., Clark, Reynolds Fitzgerald and Ceresia, JJ.

MEMORANDUM AND ORDER ON MOTION

Per Curiam.

Joseph Abraham Gorman was admitted to practice by this Court in 2012 and lists a business address in San Francisco, California with the Office of Court Administration. Gorman 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 correspondence from its Chief Attorney.

As is noted by AGC, Gorman is presently delinquent in his New York attorney registration requirements, having failed to register for two consecutive biennial periods beginning in 2020 (see Judiciary Law § 468–a ; Rules of the Chief Admin of Cts [22 NYCRR] § 118.1). Inasmuch as Gorman 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, 208 A.D.3d 1421, 1421–1422, 173 N.Y.S.3d 697 [3d. Dept. 2022] ), he is ineligible for nondisciplinary resignation and his application must be denied (see Matter of Fischer, 208 A.D.3d 1455, 1455, 172 N.Y.S.3d 927 [3d Dept. 2022] ; Matter of Bomba, 146 A.D.3d 1226, 1226–1227, 46 N.Y.S.3d 433 [3d Dept. 2017] ). Further, any future application by Gorman must be supported by proof of his 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., Clark, Reynolds Fitzgerald and Ceresia, JJ., concur.

ORDERED that Joseph Abraham Gorman's application for permission to resign is denied.