Matter of Bertinelli

Summary

The Appellate Division, Third Department granted Alexa Elena Bertinelli’s application to resign from the New York bar for nondisciplinary reasons. The court accepted her resignation, struck her name from the roll of attorneys effective immediately, prohibited her from practicing law in New York, and directed her to surrender any Attorney Secure Pass within 30 days.

Holdings

1. An attorney who satisfies the requirements of 22 NYCRR § 1240.22(a) may resign from the New York bar for nondisciplinary reasons.
2. Upon acceptance of a nondisciplinary resignation, the attorney's name is stricken from the roll of attorneys and counselors-at-law, and the attorney must cease practicing law in New York and surrender any Attorney Secure Pass issued by the Office of Court Administration.

Questions Presented

1. Whether Bertinelli was eligible to resign from the New York bar for nondisciplinary reasons under 22 NYCRR § 1240.22(a).
2. Whether the court should grant her application, accept her resignation, and strike her name from the roll of New York attorneys.

Disposition

approved