In re Mone, PM–04–21

• Decision Date: 21 January 2021
• Docket Number: PM–04–21
• Parties: In the MATTER OF Charles K. MONE, an Attorney. (Attorney Registration No. 4125506)
• Court: New York Supreme Court — Appellate Division

190 A.D.3d 1189

136 N.Y.S.3d 809 (Mem)

In the MATTER OF Charles K. MONE, an Attorney.

(Attorney Registration No. 4125506)

PM–04–21

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

Calendar Date: January 19, 2021

Decided and Entered: January 21, 2021

Charles K. Mone, Jupiter, Florida, pro se.

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

Before: Egan Jr., J.P., Lynch, Clark, Aarons and Colangelo, JJ.

MEMORANDUM AND ORDER ON MOTION

Per Curiam.

Charles K. Mone was admitted to practice by this Court in 2003 and lists a business address in Boston, Massachusetts with the Office of Court Administration. Mone 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, Mone is presently delinquent in his New York attorney registration requirements, having failed to register for the biennial period beginning in 2019 (see Judiciary Law § 468–a ; Rules of the Chief Admin of Cts [22 NYCRR] § 118.1). Inasmuch as Mone 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 [2014] ), he is ineligible for nondisciplinary resignation and his 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 Mone 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 [2017] ).

Egan Jr., J.P., Lynch, Clark, Aarons and Colangelo, JJ., concur.

ORDERED that Charles K. Mone's application for permission to resign is denied.