Matter of Heller
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 02590
- Docket
- &mdash
Application to resign for non-disciplinary reasons by an attorney, reviewed by the Appellate Division, Fourth Department
Summary
The Appellate Division, Fourth Department accepted Attorney Franklin William Heller'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 granted the request, ending his authority to practice law in New York. There is no indication of misconduct findings or ongoing disciplinary proceedings in this decision; the court's action was procedural and limited to removing Heller's name from the attorney list.
Issues Decided
- Whether to accept an attorney's application to resign for non-disciplinary reasons
- Whether to remove the attorney's name from the roll of attorneys upon acceptance of such a resignation
Court's Reasoning
The court accepted the attorney's voluntary resignation because the application presented a non-disciplinary basis for resignation and met the procedural requirements for removal from the roll. There is no record of pending or unresolved disciplinary charges that would bar acceptance, so the court implemented the standard administrative action of removing Heller's name. The decision is administrative rather than punitive, reflecting the court's role in maintaining the roll of attorneys.
Parties
- Petitioner
- Franklin William Heller
- Judge
- Curran, J.P.
- Judge
- Bannister, J.
- Judge
- Montour, J.
- Judge
- Greenwood, J.
- Judge
- Hannah, J.
Key Dates
- Decision date
- 2026-04-24
- Filed date
- 2026-04-21
What You Should Do Next
- 1
Confirm removal on official roll
Check the Office of Court Administration or Appellate Division listings to confirm that Heller's name has been removed from the roll of attorneys.
- 2
Notify clients and transfer files
If acting for the resigning attorney or clients, ensure clients are informed and legal files are transferred or safeguarded according to ethical obligations.
- 3
Consult counsel about reinstatement options
If Heller wishes to return to practice in the future, he should consult counsel about the process for reinstatement and any conditions that may apply.
Frequently Asked Questions
- What did the court decide?
- The court accepted the attorney's voluntary resignation for non-disciplinary reasons and removed his name from the roll of attorneys.
- Does this decision mean the attorney was found guilty of misconduct?
- No. The resignation was accepted for non-disciplinary reasons and the decision does not report any disciplinary findings or sanctions.
- Who is affected by this decision?
- Franklin William Heller is affected because he is no longer authorized to practice law in New York; clients and courts should be aware he is no longer on the roll.
- Can this decision be appealed?
- Administrative acceptance of a voluntary resignation is typically final; the document does not indicate further appeal options.
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 Heller - 2026 NY Slip Op 02590 Matter of Heller 2026 NY Slip Op 02590 April 24, 2026 Appellate Division, Fourth Department MATTER OF FRANKLIN WILLIAM HELLER, AN ATTORNEY, RESIGNOR. Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department Decided on April 24, 2026 — Present: Curran, J.P., Bannister, Montour, Greenwood, And Hannah, JJ. (Filed Apr. 21, 2026.) MEMORANDUM AND ORDER Application to resign for non-disciplinary reasons accepted and name removed from roll of attorneys .