Matter of Rochelle

Matter of Rochelle 2020 NY Slip Op 04622 Decided on August 20, 2020 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: August 20, 2020
PM-106-20

[*1]In the Matter of Jennifer Grace Rochelle, an Attorney. (Attorney Registration No. 5255682.)

Calendar Date: August 17, 2020
Before: Garry, P.J., Clark, Mulvey, Aarons and Pritzker, JJ.

Jennifer Grace Rochelle, Tucson, Arizona, pro se.

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

Per Curiam.

Jennifer Grace Rochelle was admitted to practice by this Court in 2014 and lists a business address in Tucson, Arizona with the Office of Court Administration. Rochelle now seeks leave to resign from the New York bar for nondisciplinary reasons (see 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.

As is noted by AGC, Rochelle is presently delinquent in her New York attorney registration requirements, having failed to register for two consecutive biennial periods beginning in 2018 (see Judiciary Law § 468-a; Rules of the Chief Admin of Cts [22 NYCRR] § 118.1). Inasmuch as Rochelle is therefore subject to potential disciplinary action (see Judiciary Law § 468-a [5]; Rules of Professional Conduct [22 NYCRR 1200.0] rule 8.4 [d]; see also Matter of Attorneys in Violation of Judiciary Law § 468-a, 113 AD3d 1020, 1021 [2014]), she is ineligible for nondisciplinary resignation and her application must be denied (see Matter of Cluff, 148 AD3d 1346, 1346 [2017]; Matter of Bomba, 146 AD3d 1226, 1226-1227 [2017]). Further, any future application by Rochelle must be supported by proof of her full satisfaction of the requirements of Judiciary Law § 468-a and Rules of the Chief Administrator of the Courts (22 NYCRR) § 118.1 (see Matter of Frank, 146 AD3d 1228, 1228-1229 [2017]).

Garry, P.J., Clark, Mulvey, Aarons and Pritzker, JJ., concur.

ORDERED that Jennifer Grace Rochelle's application for permission to resign is denied.