In re Manger

Summary

The New York Appellate Division, First Department accepted attorney Philip M. Manger’s resignation from the practice of law and struck his name from the roll of attorneys nunc pro tunc to April 24, 2013. The court’s decision followed findings of deceptive consumer-credit practices and unauthorized practice of law, and it denied as moot a collateral-estoppel petition concerning those findings.

Holdings

1. Because respondent's affidavit of resignation conformed to 22 NYCRR 603.11, the court accepted his resignation from the practice of law.
2. Respondent's name was stricken from the roll of attorneys and counselors-at-law in New York, effective nunc pro tunc to April 24, 2013, the date his affidavit was sworn.
3. The Committee's petition seeking collateral-estoppel effect for the federal and West Virginia decisions was denied as moot.

Questions Presented

1. Whether respondent's affidavit of resignation conformed to 22 NYCRR 603.11 and should be accepted.
2. Whether respondent's name should be stricken from the roll of attorneys nunc pro tunc to the date of his sworn resignation.
3. Whether the Committee's collateral-estoppel petition should be decided after respondent's resignation was accepted.

Disposition

other