In the Matter of Mark Jonathan Nussbaum

Summary

The Appellate Division, First Department accepted Mark Jonathan Nussbaum’s resignation from the New York bar pursuant to 22 NYCRR 1240.10 and ordered his disbarment effective nunc pro tunc to July 9, 2025. The court held that his description of professional misconduct involving the handling of funds in his IOLA account sufficiently identified the specific nature of the allegations despite an ongoing criminal investigation.

Holdings

1. A resignation affidavit satisfies 22 NYCRR 1240.10 when it identifies the specific nature of the professional-misconduct allegations; the rule does not require a recitation of factual particulars or evidence, particularly when additional detail could risk self-incrimination in a parallel criminal prosecution.
2. The court accepted respondent's resignation, disbarred him, and struck his name from the roll of attorneys and counselors-at-law, effective nunc pro tunc to July 9, 2025.

Questions Presented

1. Whether respondent's affidavit adequately identified the specific nature of the professional-misconduct allegations as required by 22 NYCRR 1240.10.
2. Whether the court should accept respondent's resignation and enter the resulting order of disbarment.

Disposition

other