Matter of Smith

Summary

The Appellate Division, Third Department granted Gary John Smith'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, prohibited him from practicing law in New York, and ordered him to surrender his Attorney Secure Pass.

Holdings

1. Smith was eligible to resign for nondisciplinary reasons under 22 NYCRR 1240.22(a).
2. The application for permission to resign was granted, the nondisciplinary resignation was accepted, Smith's name was stricken from the roll of New York attorneys effective immediately until further order, and he was prohibited from practicing law or holding himself out as an attorney in New York.

Questions Presented

1. Whether Gary John Smith was eligible to resign from the New York bar for nondisciplinary reasons.
2. Whether the court should grant Smith's application, accept his resignation, strike his name from the roll of attorneys, and impose the related restrictions prescribed by the governing rules.

Disposition

other