Matter of Gondree
Docket &mdash
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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
- Affirmed
- Citation
- 2026 NY Slip Op 02767
- Docket
- &mdash
Application by an attorney to resign for non-disciplinary reasons was before the Appellate Division for acceptance.
Summary
The Appellate Division, Fourth Department accepted attorney Howard Frank Gondree’s application to resign for non-disciplinary reasons and ordered his name removed from the roll of attorneys. The court treated the submission as a voluntary resignation not prompted by disciplinary charges and concluded that acceptance was appropriate. No further sanctions or proceedings were imposed; the court’s action is administrative, removing Gondree’s authority to practice in the state courts.
Issues Decided
- Whether the court should accept an attorney’s application to resign for non-disciplinary reasons
- Whether to remove the attorney’s name from the roll of attorneys following such an application
Court's Reasoning
The court accepted the voluntariness and non-disciplinary nature of the application and determined that resignation was appropriate under its administrative authority over attorney registration. Because the submission met the standards for non-disciplinary resignation, the court removed the attorney’s name from the roll without imposing discipline. The decision was administrative rather than punitive, focusing on the attorney’s request and the court’s oversight role.
Parties
- Resignor
- Howard Frank Gondree
- Judge
- Curran
- Judge
- Bannister
- Judge
- Montour
- Judge
- Greenwood
- Judge
- Hannah
Key Dates
- Decision date
- 2026-05-01
- Filed
- 2026-04-29
What You Should Do Next
- 1
Confirm removal and update records
Court administrators should update the roll of attorneys and related public records to reflect the removal of the attorney’s name.
- 2
If you are the resigning attorney, consult counsel
The attorney should consult counsel about consequences for client matters, notifications to clients, and steps for reinstatement if desired in the future.
- 3
Clients seek new counsel
Clients of the affected attorney should retain new counsel to protect their interests and ensure continuity of representation.
Frequently Asked Questions
- What did the court decide?
- The court accepted the attorney’s non-disciplinary resignation and removed his name from the roll of attorneys in New York.
- Does this mean the attorney was disciplined?
- No; the resignation was accepted for non-disciplinary reasons, so it is an administrative removal rather than a disciplinary sanction.
- Who is affected by this decision?
- Howard Frank Gondree is affected because he is no longer permitted to practice as an attorney in New York state courts.
- Can this decision be appealed?
- Decisions of the Appellate Division concerning attorney registration are typically final administrative actions, and further review would be limited and require a separate application to a higher 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 Gondree - 2026 NY Slip Op 02767 Matter of Gondree 2026 NY Slip Op 02767 May 1, 2026 Appellate Division, Fourth Department MATTER OF HOWARD FRANK GONDREE, AN ATTORNEY, RESIGNOR. Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department Decided on May 1, 2026 — Present: Curran, J.P., Bannister, Montour, Greenwood, And Hannah, JJ. (Filed Apr. 29, 2026.) MEMORANDUM AND ORDER Application to resign for non-disciplinary reasons accepted and name removed from roll of attorneys .