Matter of Bretschger

Matter of Bretschger 2017 NY Slip Op 02121 Decided on March 23, 2017 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided and Entered: March 23, 2017

[*1]In the Matter of ROMAN DAVID BRETSCHGER, an Attorney. ON MOTION (Attorney Registration No. 5038328)

Calendar Date: March 13, 2017
Before: Egan Jr., J.P., Lynch, Devine, Clark and Aarons, JJ.

Roman David Bretschger, Zurich, Switzerland, pro se.

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

MEMORANDUM AND ORDER

Roman David Bretschger was admitted to practice by this Court in 2012 and has previously listed a business address in Zurich, Switzerland with the Office of Court Administration. By affidavit dated September 21, 2016, Bretschger seeks leave to resign from the New York bar for nondisciplinary reasons (see Uniform Rules for Attorney Disciplinary Matters [22 NYCRR] § 1240.22 [a]). The Attorney Grievance Committee for the Third Judicial Department (hereinafter AGC) opposes the application by correspondence from its Chief Attorney.

Bretschger is presently delinquent in his New York attorney registration requirements, having failed to register for the two most recent biennial periods beginning in 2014 (see Judiciary Law § 468-a; Matter of Lee, ___ AD3d ___, 2017 NY Slip Op 01757 [2017]; Rules of the Chief Admin of Cts [22 NYCRR] § 118.1). He is therefore ineligible for nondisciplinary resignation and his

application must be denied (see Matter of Cluff, ___ AD3d ___, 2017 NY Slip Op 01753 [2017]; Matter of Winston, 146 AD3d 1225, 1225-1226 [2017]; Matter of Frank, 146 AD3d 1228, 1228-1229 [2017]).

Egan Jr., J.P., Lynch, Devine, Clark and Aarons, JJ., concur.

ORDERED that Roman David Bretschger's application for permission to resign is denied.