Matter of Wheatley

Summary

The Appellate Division, Third Department granted Nathan Allan Wheatley's application to resign from the New York bar for nondisciplinary reasons. The court accepted his resignation, struck his name from the roll of attorneys effective immediately, prohibited him from practicing law in New York, and ordered him to surrender any Attorney Secure Pass within 30 days.

Holdings

1. Wheatley was eligible to resign from the New York bar for nondisciplinary reasons under 22 NYCRR 1240.22(a), and his application for permission to resign was granted.
2. Upon accepting Wheatley's resignation, the court ordered that his name be stricken from the roll of New York attorneys, that he desist from practicing law or holding himself out as an attorney in New York, and that he surrender any Attorney Secure Pass within 30 days.

Questions Presented

1. Whether Nathan Allan Wheatley was eligible to resign from the New York bar for nondisciplinary reasons under 22 NYCRR 1240.22(a).
2. Whether the court should grant the application, accept the resignation, strike Wheatley's name from the roll of attorneys, and impose the associated restrictions under 22 NYCRR 1240.22(b).

Disposition

other