Summary
This Appellate Division, Third Department order addresses an application by Joseph G. Nemeth Jr. to resign from the New York bar for nondisciplinary reasons. After reviewing the applicant's affidavit and correspondence from the Attorney Grievance Committee, which does not oppose the request, the court granted the application. The order formally accepts the resignation, strikes the attorney's name from the roll of attorneys effective immediately, prohibits him from practicing law in New York, and commands the surrender of his Attorney Secure Pass within thirty days.
Topics
Practice areas
Questions Presented
- Whether the Attorney Grievance Committee may grant a nondisciplinary resignation and whether the Appellate Division may accept the resignation.
Holdings
- The court granted Nemeth's application for nondisciplinary resignation and ordered his name stricken from the roll of attorneys.
Key quotations
“ORDERED that Joseph G. Nemeth Jr.'s application for permission to resign is granted and his nondisciplinary resignation is accepted; and it is further ORDERED that Joseph G. Nemeth Jr.'s name is hereby stricken from the roll of attorneys and counselors-at-law of the State of New York, effective immediately, and until further order of this Court; and it is further ORDERED that Joseph G. Nemeth Jr. is commanded to desist and refrain from the practice of law in any form in the State of New York...” (at *1)
Factual background
Joseph G. Nemeth Jr. was admitted to the New York bar in 1975, maintains a business address in Suffolk County, and seeks to resign from the bar for nondisciplinary reasons. The Attorney Grievance Committee for the Third Judicial Department did not oppose his application. The court found him eligible for a nondisciplinary resignation.
Procedural history
Attorney Joseph G. Nemeth Jr. filed an affidavit seeking resignation; the Attorney Grievance Committee did not oppose; the Appellate Division reviewed the application and granted the resignation.