In re Lee-Davis

• Decision Date: 26 October 2017
• Citation: 154 A.D.3d 1272,62 N.Y.S.3d 638
• Parties: In the Matter of Ayanna M. LEE–DAVIS, an Attorney. (Attorney Registration No. 4291373).
• Court: New York Supreme Court — Appellate Division

154 A.D.3d 1272

62 N.Y.S.3d 638

In the Matter of Ayanna M. LEE–DAVIS, an Attorney. (Attorney Registration No. 4291373).

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

Oct. 26, 2017.

Ayanna M. Lee–Davis, Gibsonia, Pennsylvania, pro se.

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

Before: LYNCH, J.P., ROSE, DEVINE, CLARK and AARONS, JJ.

PER CURIAM.

Ayanna M. Lee–Davis was admitted to practice by this Court in 2005 and lists a business address in Pittsburgh, Pennsylvania with the Office of Court Administration. Lee–Davis 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, Lee–Davis is presently delinquent in her New York attorney registration requirements, having failed to timely register for the biennial period beginning in 2017 (see Judiciary Law § 468–a ; Rules of the Chief Admin of Cts [22 NYCRR] § 118.1 ). Inasmuch as Lee–Davis 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, 979 N.Y.S.2d 548 [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] ), 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 [2017] ; Matter of Bomba, 146 A.D.3d 1226, 1226–1227, 46 N.Y.S.3d 433 [2017] ). Further, any future application by Lee–Davis 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 [2017] ).

ORDERED that Ayanna M. Lee–Davis's application for permission to resign is denied.

LYNCH, J.P., ROSE, DEVINE, CLARK and AARONS, JJ., concur.