Matter of Whitby

Summary

The Appellate Division, Third Department granted Jessica Susan Soares Whitby'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, prohibited her from practicing law in New York, and ordered her to surrender any Attorney Secure Pass.

Holdings

1. An attorney who is determined to be eligible under 22 NYCRR 1240.22(a) may be granted permission to resign from the New York bar for nondisciplinary reasons.
2. Upon acceptance of the nondisciplinary resignation, the attorney's name is stricken from the roll, the attorney must cease practicing or holding herself out as authorized to practice law in New York, and any Attorney Secure Pass must be surrendered within 30 days.

Questions Presented

1. Whether Whitby was eligible to resign from the New York bar for nondisciplinary reasons under 22 NYCRR 1240.22(a).
2. What consequences follow from acceptance of a nondisciplinary resignation under 22 NYCRR 1240.22(b).

Disposition

other