In re Attorneys in Violation of Judiciary Law § 468-a.

2022 NY Slip Op 02612

In the Matter of Attorneys in Violation of Judiciary Law § 468-a. Attorney Grievance Committee for the Third Judicial Department, Petitioner; James Gerard Flood, Respondent.

Attorney Registration No. 2396091

No. PM-91-22

Supreme Court of New York, Third Department

April 21, 2022

Calendar Date: March 7, 2022

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

Frankfurt, Kurnit, Klein & Selz, PC, New York City (John B. Harris of counsel), for respondent.

Before: Clark, J.P., Aarons, Colangelo, Fisher and McShan JJ.

PER CURIAM.

Respondent was admitted to practice by this Court in 1991 and is also admitted to practice in the District of Columbia, where he currently lists a business address with the Office of Court Administration. 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 with the 2011-2012 biennial period (Matter of Attorneys in Violation of Judiciary Law § 468-a, 172 A.D.3d 1706, 1723 [2019]). Respondent cured his registration delinquency in August 2021 and now moves for his reinstatement (see Rules for Attorney Disciplinary Matters [22 NYCRR] § 1240.16 [a]; Rules of App Div, 3d Dept [22 NYCRR] § 806.16 [a]). The Attorney Grievance Committee for the Third Judicial Department (hereinafter AGC) does not oppose respondent's application.

We initially find that respondent has properly submitted a reinstatement application in the form prescribed in appendix C to the Rules for Attorney Disciplinary Matters (22 NYCRR) part 1240, which he must as an attorney seeking reinstatement to the practice of law for a suspension of more than six months in duration. However, that length of suspension also triggers the requirement that he submit proof that he has successfully passed the Multistate Professional Responsibility Examination (hereinafter MPRE) within one year of filing his application (see Rules for Attorney Disciplinary Matters [22 NYCRR] § 1240.16 [b]). While respondent's August 2020 MPRE score is sufficient to demonstrate successful passage, respondent concedes that it fails to meet the temporal requirement of the rule. Accordingly, respondent has asked that this Court accept his untimely score. Paying due consideration to the relevant facts revealed in his application, including his extensive participation in continuing legal education coursework since the date of his suspension and his prior service to the public, we grant his request and deem his MPRE score sufficient. Accordingly, we proceed to our consideration of the merits of his application.

Beginning with his compliance with the order of suspension and the rules governing the conduct of suspended attorneys, we find that the combined attestations in his belated affidavit of compliance and his appendix C affidavit establish that he has clearly and convincingly met this requirement (see Matter of Attorneys in Violation of Judiciary Law § 468-a [Vatti], 195 A.D.3d 1231, 1232 [2021]). We also find that respondent has established that he possesses the requisite character and fitness. To this end, respondent has no relevant criminal or disciplinary history, has not been the subject of any governmental investigations and has no financial circumstances or medical or substance abuse history that would negatively impact his reinstatement. Further respondent is currently in good standing in his home jurisdiction (see Matter of Attorneys in Violation of Judiciary Law § 468-a [Murray], 192 A.D.3d 1317 1319 [2021]). As to the public...