In re Alarcon

Summary

The court accepts Rory M. Alarcon’s voluntary resignation as an attorney after he acknowledged that he could not successfully defend against allegations involving mortgage modification businesses and professional misconduct. The resignation is effective immediately, and Alarcon is disbarred, removed from the roll of attorneys, and ordered to comply with restrictions governing disbarred attorneys.

Holdings

1. Alarcon's resignation complied with the requirements of 22 NYCRR 691.9 and therefore was accepted by the court.
2. Upon accepting the resignation, the court immediately disbarred Alarcon and struck his name from the roll of attorneys and counselors-at-law.
3. The resignation remained subject to any application by the Grievance Committee for restitution and reimbursement to the Lawyers' Fund for Client Protection, and Alarcon waived opposition to such an application.

Questions Presented

1. Whether Alarcon's resignation complied with the requirements of 22 NYCRR 691.9.
2. Whether the Appellate Division should accept the resignation and immediately disbar Alarcon.

Disposition

other