In re Cluff

Summary

The New York Appellate Division, Third Judicial Department, denied Amanda Lynn Cluff’s application to resign from the New York bar for nondisciplinary reasons. The court held that her failure to register for the 2016–2017 biennial period constituted attorney misconduct and barred nondisciplinary resignation, requiring any future application to include proof of compliance with the applicable registration requirements.

Holdings

1. An attorney who is delinquent in required New York attorney registration is ineligible to resign from the New York bar for nondisciplinary reasons.
2. Any future application by Cluff must be supported by proof that she has fully satisfied the requirements of Judiciary Law § 468-a and 22 N.Y.C.R.R. § 118.1.

Questions Presented

1. Whether an attorney who is delinquent in required New York attorney registration may resign from the bar for nondisciplinary reasons.
2. What proof must accompany any future resignation application after denial based on registration delinquency.

Disposition

other