Matter of McGimpsey

Summary

The Appellate Division, Third Department granted Thomas Oliver McGimpsey’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 surrender of his Attorney Secure Pass.

Holdings

1. McGimpsey was eligible to resign from the New York bar for nondisciplinary reasons under 22 NYCRR 1240.22(a).
2. The application was granted and McGimpsey's nondisciplinary resignation was accepted; his name was stricken from the roll of New York attorneys, he was prohibited from practicing law or holding himself out as an attorney in New York, and he was required to surrender any Attorney Secure Pass within 30 days.

Questions Presented

1. Whether McGimpsey was eligible to resign from the New York bar for nondisciplinary reasons under 22 NYCRR 1240.22.
2. Whether the court should grant the application, accept the resignation, strike McGimpsey's name from the roll of attorneys, and impose the consequences specified by the governing rule.

Disposition

other