In re Taboada

• Decision Date: 20 July 2017
• Citation: 55 N.Y.S.3d 922 (Mem),152 A.D.3d 1043
• Parties: In the Matter of Alan Michael TABOADA, an Attorney. (Attorney Registration No. 4226494).
• Court: New York Supreme Court — Appellate Division

152 A.D.3d 1043

55 N.Y.S.3d 922 (Mem)

In the Matter of Alan Michael TABOADA, an Attorney. (Attorney Registration No. 4226494).

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

July 20, 2017.

Alan Michael Taboada, Oceanport, New Jersey, 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, J.P., EGAN JR., ROSE, MULVEY and RUMSEY, JJ.

PER CURIAM.

Alan Michael Taboada was admitted to practice by this Court in 2004 and lists a business address in Shrewsbury, New Jersey with the Office of Court Administration. Taboada 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 the application by correspondence from its Chief Attorney.

As is noted by AGC, Taboada is presently not current in his New York attorney registration requirements, having failed to register for the biennial period beginning in 2016 (see Judiciary Law § 468–a ; Rules of the Chief Admin. of Cts. [22 NYCRR] § 118.1). Inasmuch as Taboada 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]; 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] ), 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 Taboada 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] ).

ORDERED that Alan Michael Taboada's application for permission to resign is denied.

GARRY, J.P., EGAN JR., ROSE, MULVEY and RUMSEY, JJ., concur.