Court Filings

The Appellate Division, Third Department affirmed Supreme Court's dismissal of Juan Carlos Ocasio's CPLR article 78 petition challenging his honorable discharge from the New York Guard and related FOIL claims. The court held that the challenge to discharge implicated military order and discipline and was therefore nonjusticiable under the intra-military immunity doctrine. The court also found the FOIL claims moot because DMNA had responded to the requests and Ocasio failed to exhaust administrative appeals regarding any alleged inadequacy. The court denied sanctions against the respondent for lack of support in the record.

The Appellate Division, Third Department granted Elizabeth Marie Mills' application to resign from the New York bar for nondisciplinary reasons. The court reviewed Mills' sworn affidavit and the Attorney Grievance Committee's statement of non-opposition, concluded she was eligible to resign under the disciplinary rules, accepted her resignation, struck her name from the roll of attorneys, and ordered her immediately prohibited from practicing or holding out as an attorney in New York. Mills must also surrender any Attorney Secure Pass within 30 days.

The Appellate Division, Third Department granted attorney Hideaki Kubo's application to resign from the New York bar for nondisciplinary reasons. The court reviewed Kubo's sworn affidavit and the Attorney Grievance Committee's response, found Kubo eligible to resign under the court's disciplinary rules, accepted the resignation, struck Kubo's name from the roll of attorneys, and ordered Kubo to cease practicing law in New York and to surrender any Attorney Secure Pass within 30 days. The resignation was accepted with immediate effect and without a disciplinary finding.

The Appellate Division, Third Department granted attorney Neal Mitchel Frank's request to resign from the New York bar for nondisciplinary reasons and accepted his resignation. The court reviewed Frank's sworn affidavit and the Attorney Grievance Committee's statement that it did not oppose the application, found him eligible under the applicable disciplinary rules, and ordered his name stricken from the roll of attorneys effective immediately. The court also permanently enjoined him from practicing law in New York and required surrender of any Attorney Secure Pass within 30 days.

The Appellate Division, Third Department, granted Lawrence Martin Brody's application to resign from the New York bar for nondisciplinary reasons and accepted his resignation. The court reviewed Brody's sworn affidavit and the Attorney Grievance Committee's lack of opposition, found him eligible under the Rules for Attorney Disciplinary Matters, and struck his name from the roll of attorneys effective immediately. The court ordered that Brody cease practicing law in New York, forbade him from holding himself out as an attorney, and required surrender of any Attorney Secure Pass within 30 days.

The Appellate Division, Third Department granted a petition by suspended attorney Zhe Sang to be reinstated to the practice of law. The court reviewed Sang's affidavit and the Attorney Grievance Committee's response and found by clear and convincing evidence that Sang complied with the suspension order and applicable rules, possesses the required character and fitness, and that reinstatement serves the public interest. The court ordered Sang reinstated effective immediately.

The Appellate Division, Third Department granted Wengang He's motion to be reinstated to the practice of law after a suspension imposed in May 2019. Reviewing filings and correspondence, the court found by clear and convincing evidence that He satisfied the reinstatement requirements in the court rules, complied with the suspension order, demonstrated the character and fitness needed to practice, and that reinstatement served the public interest. The court ordered that He be reinstated effective immediately.

The Appellate Division, Third Department, granted Anson Carlton Asaka's motion for reinstatement to the practice of law after his May 2019 suspension. The court reviewed affidavits and correspondence, found by clear and convincing evidence that Asaka satisfied the governing reinstatement rule, complied with the suspension order and court rules, possesses the necessary character and fitness, and that reinstatement served the public interest. The court ordered that Asaka be reinstated effective immediately.