Matter of Davis
Docket PM-83-26
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- Filed
- Jurisdiction
- New York
- Court
- Appellate Division of the Supreme Court of the State of New York
- Type
- Opinion
- Case type
- Other
- Disposition
- Granted
- Citation
- 2026 NY Slip Op 02713
- Docket
- PM-83-26
Application for permission to resign from the New York bar for nondisciplinary reasons under 22 NYCRR § 1240.22(a).
Summary
The Appellate Division, Third Department granted attorney Alan E. Davis's application to resign from the New York bar for nondisciplinary reasons. The court reviewed Davis's sworn affidavit and the Attorney Grievance Committee's response, found him eligible under the court rules, accepted his resignation, struck his name from the roll of attorneys, and directed that he cease practicing law in New York and surrender any Attorney Secure Pass within 30 days. The decision is administrative, not a disciplinary sanction.
Issues Decided
- Whether the attorney was eligible to resign from the New York bar for nondisciplinary reasons under the court's rules.
- Whether the court should accept the attorney's nondisciplinary resignation and strike his name from the roll.
Court's Reasoning
The court reviewed Davis's sworn affidavit and the Attorney Grievance Committee's correspondence and determined he met the eligibility criteria for a nondisciplinary resignation under the Rules for Attorney Disciplinary Matters. Because the Committee did not oppose the application and the court found no bar to acceptance, the court accepted the resignation and implemented the usual administrative orders removing him from the roll and barring practice in the state. The action is administrative and not framed as a disciplinary penalty.
Authorities Cited
- Rules for Attorney Disciplinary Matters22 NYCRR § 1240.22
Parties
- Petitioner
- Alan E. Davis
- Respondent
- Attorney Grievance Committee for the Third Judicial Department
- Judge
- Pritzker, J.P.
- Judge
- Ceresia, J.
- Judge
- McShan, J.
- Judge
- Powers, J.
- Judge
- Ryba, J.
Key Dates
- Affidavit sworn
- 2026-02-25
- Affidavit filed
- 2026-03-05
- AGC response correspondence
- 2026-04-23
- Decision entered
- 2026-04-30
What You Should Do Next
- 1
Surrender Attorney Secure Pass
Within 30 days, deliver any Attorney Secure Pass to the Office of Court Administration as directed by the order.
- 2
Cease practice in New York
Immediately stop practicing law in any form in New York and refrain from holding yourself out as an attorney in the state.
- 3
Notify clients and transfer matters
If representing New York clients, arrange for orderly transfer or closing of matters and notify clients and tribunals of your inability to continue representing them in New York.
- 4
Consult counsel if needed
If you wish to challenge the acceptance or seek reinstatement later, consult an attorney familiar with attorney disciplinary and reinstatement procedures.
Frequently Asked Questions
- What did the court decide?
- The court accepted Alan E. Davis's nondisciplinary resignation and removed him from the New York roll of attorneys, effective immediately.
- Does this decision mean he was disciplined?
- No; the resignation was accepted for nondisciplinary reasons and is administrative rather than a formal disciplinary sanction in this decision.
- Who is affected by this decision?
- Alan E. Davis is affected—he is forbidden from practicing law or holding himself out as an attorney in New York; clients and courts in New York may no longer receive legal services from him.
- What must Davis do next?
- He must stop practicing law in New York and surrender any Attorney Secure Pass to the Office of Court Administration within 30 days of the decision.
- Can this decision be appealed or reversed?
- The order is by the Appellate Division accepting a resignation; any further review would require filing with an appropriate higher authority, but the decision contains no indication of an appeal being pending.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
Matter of Davis - 2026 NY Slip Op 02713 Matter of Davis 2026 NY Slip Op 02713 April 30, 2026 Appellate Division, Third Department In the Matter of Alan E. Davis, an Attorney. (Attorney Registration No. 1883743) Decided and Entered:April 30, 2026 PM-83-26 Calendar Date: April 27, 2026 Before: Pritzker, J.P., Ceresia, Mcshan, Powers And Ryba, JJ. Alan E. Davis, Woodbridge, New Jersey, pro se. Monica A. Duffy, Attorney Grievance Committee for the Third Judicial Department, Albany (Alison M. Coan of counsel), for Attorney Grievance Committee for the Third Judicial Department. Per Curiam. Alan E. Davis was admitted to practice by this Court in 1983 and lists a business address in Woodbridge, New Jersey with the Office of Court Administration. Davis now seeks leave to resign from the New York bar for nondisciplinary reasons ( see Rules for Atty Disciplinary Matters [22 NYCRR] § 1240.22 [a]). The Attorney Grievance Committee for the Third Judicial Department (hereinafter AGC) advises that it does not oppose Davis' application. Upon reading Davis' affidavit sworn to February 25, 2026 and filed March 5, 2026, and upon reading the April 23, 2026 correspondence in response by the Deputy Chief Attorney for AGC, and having determined that Davis is eligible to resign for nondisciplinary reasons, we grant his application and accept his resignation. Pritzker, J.P., Ceresia, McShan, Powers and Ryba, JJ., concur. ORDERED that Alan E. Davis' application for permission to resign is granted and his nondisciplinary resignation is accepted; and it is further ORDERED that Alan E. Davis' name is hereby stricken from the roll of attorneys and counselors-at-law of the State of New York, effective immediately, and until further order of this Court ( see generally Rules for Atty Disciplinary Matters [22 NYCRR] § 1240.22 [b]); and it is further ORDERED that Alan E. Davis is commanded to desist and refrain from the practice of law in any form in the State of New York, either as principal or as agent, clerk or employee of another; and Davis is hereby forbidden to appear as an attorney or counselor-at-law before any court, judge, justice, board, commission or other public authority, or to give to another an opinion as to the law or its application, or any advice in relation thereto, or to hold himself out in any way as an attorney and counselor-at-law in this State; and it is further ORDERED that Alan E. Davis shall, within 30 days of the date of this decision, surrender to the Office of Court Administration any Attorney Secure Pass issued to him.