Muldoon, Getz & Reston

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Reinstatement After Voluntary Resignation
Gary Muldoon
Muldoon & Getz
Rochester, NY
(585) 262-5130


An attorney may be permitted to resign from the bar during the pendency of a disciplinary proceeding. 22 NYCRR § 1022.27(a) (Fourth Department).

An attorney may also choose to voluntarily resign for nondisciplinary reasons. § 1022.27(b). After voluntarily resigning from the bar, the former attorney may reapply for reinstatement. The rules for reinstatement are contained at 22 NYCRR § 1022.28(d) (Fourth Dept).

Timing of application

In the Fourth Department, after voluntarily resignation, the application for reinstatement may be made at any time upon a showing of changed circumstances. § 1022.28(d)(1).

Required papers and payment of fees

The application for reinstatement is made by affidavit. § 1022.28(d)(2). The following information must be provided: the jurisdictions where the attorney is admitted and proof of good standing in each and that the applicant is not the subject of a pending disciplinary proceeding or complaint; the person’s current address and where applicable, the date the person left New York State; facts demonstrating a change of circumstances; and payment of attorney registration fees outstanding at the time of the voluntary resignation and those that accrued afterwards. § 1022.28(d)(2)(i-iii).

Where the person has been off the roll of attorneys for more than one year, personal attendance before the Fourth Department at the court appearance is required. If resigned for less than one year, the Appellate Division may require the person’s attendance.

If off the rolls for more than one year, the Fourth Department may condition reinstatement upon successful completion of the ethics portion of the Multistate Professional Responsibility Examination.

© 2008 by Gary Muldoon