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Matter of Frank

Docket PM-69-26

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

OtherGranted
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 02320
Docket
PM-69-26

Application for permission to resign from the New York bar for nondisciplinary reasons under the disciplinary rules.

Summary

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.

Issues Decided

  • Whether the attorney is eligible to resign from the New York bar for nondisciplinary reasons under 22 NYCRR § 1240.22
  • Whether the court should accept the attorney's resignation and order the attorney stricken from the roll and prohibited from practicing in New York

Court's Reasoning

The court relied on Frank's sworn affidavit and the AGC's lack of opposition to determine he met the criteria for a nondisciplinary resignation under the Rules for Attorney Disciplinary Matters. Because the application complied with the procedural requirements and the committee did not object, the court found no bar to accepting the resignation and entered the customary orders removing him from the roll and restricting practice in the state. The court also imposed routine administrative requirements, such as surrendering any Attorney Secure Pass within 30 days.

Authorities Cited

  • Rules for Attorney Disciplinary Matters22 NYCRR § 1240.22

Parties

Petitioner
Neal Mitchel Frank
Respondent
Attorney Grievance Committee for the Third Judicial Department
Judge
Aarons, J.P.
Judge
Pritzker, J.
Judge
Ceresia, J.
Judge
Fisher, J.
Judge
McShan, J.

Key Dates

Affidavit sworn
2026-02-19
Affidavit filed
2026-02-25
AGC response correspondence
2026-04-07
Decision entered
2026-04-16

What You Should Do Next

  1. 1

    Surrender Attorney Secure Pass

    Within 30 days of the decision date, deliver any Attorney Secure Pass to the Office of Court Administration as ordered.

  2. 2

    Cease practice in New York

    Immediately stop representing clients, appearing in court, or holding out as a New York lawyer in any capacity.

  3. 3

    Consider counsel for future licensing

    If seeking to practice again in New York later, consult an attorney about the process for reinstatement or reapplication to the bar and any conditions that may apply.

Frequently Asked Questions

What did the court decide?
The court accepted Neal Frank's nondisciplinary resignation and removed him from the roll of New York attorneys, prohibiting him from practicing law in the state.
Who is affected by this decision?
Neal Mitchel Frank is affected directly; members of the public and courts should no longer recognize him as a New York attorney.
What must Frank do now?
He must cease practicing law in New York immediately and surrender any Attorney Secure Pass to the Office of Court Administration within 30 days.
Was this a punishment for misconduct?
No. The resignation was accepted for nondisciplinary reasons and the AGC did not oppose his application.
Can this decision be changed or appealed?
The order removes him from the roll effective immediately and remains until further order of the court; seeking reinstatement or relief would require a subsequent application to the court.

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 Frank - 2026 NY Slip Op 02320

Matter of Frank

2026 NY Slip Op 02320

April 16, 2026

Appellate Division, Third Department

In the Matter of Neal Mitchel Frank, an Attorney. (Attorney Registration No. 1787258.)

Decided and Entered:April 16, 2026

PM-69-26

Calendar Date: April 13, 2026

Before: Aarons, J.P., Pritzker, Ceresia, Fisher And Mcshan, JJ.

Neal Mitchel Frank, Mahwah, 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.

Neal Mitchel Frank was admitted to practice by this Court in 1982 and lists a business address in Ramsey, New Jersey with the Office of Court Administration. Frank 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 Frank's application.

Upon reading Frank's affidavit sworn to February 19, 2026 and filed February 25, 2026, and upon reading the April 7, 2026 correspondence in response by the Deputy Chief Attorney for AGC, and having determined that Frank is eligible to resign for nondisciplinary reasons, we grant his application and accept his resignation.

Aarons, J.P., Pritzker, Ceresia, Fisher and McShan, JJ., concur.

ORDERED that Neal Mitchel Frank's application for permission to resign is granted and his nondisciplinary resignation is accepted; and it is further

ORDERED that Neal Mitchel Frank's 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 Neal Mitchel Frank 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 Frank 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 Neal Mitchel Frank shall, within 30 days of the date of this decision, surrender to the Office of Court Administration any Attorney Secure Pass issued to him.