In re Attorneys in Violation of Judiciary Law § 468-A

2024 NY Slip Op 03923

In the Matter of Attorneys in Violation of Judiciary Law § 468-a. Attorney Grievance Committee for the Third Judicial Department, Petitioner; Thomas Joseph Tierney, Respondent. (Attorney Registration No. 2569846.)

No. PM-146-24

Supreme Court of New York, Third Department

July 25, 2024

Calendar Date: July 8, 2024

Monica A. Duffy, Attorney Grievance Committee for the Third Judicial Department, Albany, for Attorney Grievance Committee for the Third Judicial Department.

Thomas Joseph Tierney, Norwalk, Connecticut, respondent pro se.

Before: Pritzker, J.P., Reynolds Fitzgerald, Ceresia, Fisher and Mackey, JJ.

PER CURIAM.

Respondent was admitted to practice by this Court in 1993 and lists a business address in Connecticut, where he is also admitted to practice. Respondent was suspended from practice by May 2019 order of this Court for conduct prejudicial to the administration of justice arising from his failure to comply with his attorney registration obligations beginning in 2015 (Matter of Attorneys in Violation of Judiciary Law § 468-a, 172 A.D.3d 1706, 1756 [3d Dept 2019]; see Judiciary Law § 468-a; Rules of Chief Admr of Cts [22 NYCRR] § 118.1). Respondent cured his registration delinquency in January 2021 and now applies for reinstatement (see Rules for Atty Disciplinary Matters [22 NYCRR] § 1240.16; Rules of App Div, 3d Dept [22 NYCRR] § 806.16). ^[1] The Attorney Grievance Committee for the Third Judicial Department (hereinafter AGC) opposes respondent's reinstatement.

An attorney seeking reinstatement from a suspension arising solely from a failure to comport with attorney registration requirements must satisfy both procedural and substantive requirements. To that end, an attorney seeking reinstatement following a suspension of more than two years in actual duration must complete certain continuing legal education (hereinafter CLE) requirements (see Rules of App Div, 3d Dept [22 NYCRR] § 806.16 [c] [5]; see also Rules of App Div, All Depts [22 NYCRR] § 1500.2 [c], [d], [e], [g], [h]). As AGC notes, respondent has only provided proof of his partial compliance with this requirement, but in light of his provision of proof of his satisfactory passage of the Multistate Professional Responsibility Exam, among other things, we excuse respondent's noncompliance with Rules of the Appellate Division, Third Department (22 NYCRR) § 806.16 (c) (5) (i) and (iii) (see Matter of Attorneys in Violation of Judiciary Law § 468-a [Plant], 226 A.D.3d 1300 1301 n [3d Dept 2024]).

Turning to the substantive requirements, an attorney seeking reinstatement must establish that he or she has complied with the order of suspension and rules of this Court, that he or she possesses the requisite character and fitness to practice law and that it would be in the public's interest to reinstate him or her (see Rules for Atty Disciplinary Matters [22 NYCRR] § 1240.16 [a]). Although we have determined that respondent has satisfied each prong of this test and therefore demonstrated his entitlement to reinstatement, we nonetheless must address an additional issue raised by respondent's application. In curing his registration delinquency in January 2021 and completing his registration obligations for the 2023-2024 biennial period with the Office of Court Administration, respondent self-certified as retired since 2015. Although he avers that he has been retired from the practice of law in this state since 2015, respondent's reinstatement materials reveal that he has been continuously engaged in the practice of law in Connecticut since 2019 as a self-employed attorney. We remind the bar that adopting the status of "retired" while completing this state's biennial attorney registration requirements requires the attorney to attest that, "other than the performance of legal services...