Matter of Kubo
Docket PM-75-26
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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
- Affirmed
- Citation
- 2026 NY Slip Op 02326
- Docket
- PM-75-26
Application for permission to resign from the New York bar for nondisciplinary reasons, reviewed by the Appellate Division.
Summary
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.
Issues Decided
- Whether the attorney was eligible to resign from the New York bar for nondisciplinary reasons under 22 NYCRR § 1240.22(a).
- Whether the court should accept the attorney's nondisciplinary resignation and strike the attorney's name from the roll.
Court's Reasoning
The court reviewed the attorney's sworn affidavit and the Attorney Grievance Committee's correspondence and concluded Kubo 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 record supported eligibility, the court accepted the resignation, struck Kubo from the roll, and imposed the usual cessation and surrender requirements tied to such resignations.
Authorities Cited
- Rules for Attorney Disciplinary Matters22 NYCRR § 1240.22
Parties
- Respondent
- Hideaki Kubo
- Attorney
- Monica A. Duffy
- Attorney
- Alison M. Coan
- Petitioner
- Attorney Grievance Committee for the Third Judicial Department
- Judge
- Garry, P.J.
- Judge
- Clark, J.
- Judge
- Fisher, J.
- Judge
- Mackey, J.
- Judge
- Ryba, J.
Key Dates
- Affidavit sworn
- 2026-02-16
- Affidavit filed
- 2026-02-27
- AGC correspondence
- 2026-04-07
- Decision entered
- 2026-04-16
- Calendar date
- 2026-04-13
What You Should Do Next
- 1
Surrender Attorney Secure Pass
Kubo must surrender any Attorney Secure Pass to the Office of Court Administration within 30 days of the decision.
- 2
Cease practicing law in New York
Kubo should immediately stop practicing law in any form in the State of New York and refrain from holding himself out as an attorney.
- 3
Consult counsel if seeking reinstatement or other relief
If Kubo wishes to resume practice or challenge the resignation, he should consult counsel about the procedures for reinstatement or other post-resignation options.
Frequently Asked Questions
- What did the court decide?
- The court accepted Hideaki Kubo's nondisciplinary resignation from the New York bar, struck his name from the roll, and ordered him to stop practicing law in New York and surrender any Attorney Secure Pass.
- Does this mean Kubo was disciplined or found guilty of misconduct?
- No. The resignation was accepted for nondisciplinary reasons and there was no disciplinary finding in this decision.
- Who is affected by this decision?
- Hideaki Kubo is affected directly; he is barred from practicing or holding himself out as an attorney in New York. Clients in New York should not expect legal services from him while the resignation is effective.
- Can this decision be appealed?
- The decision is an order of the Appellate Division; further relief would require application to the Court of Appeals or other appropriate proceeding, but the document does not describe any pending appeal.
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 Kubo - 2026 NY Slip Op 02326 Matter of Kubo 2026 NY Slip Op 02326 April 16, 2026 Appellate Division, Third Department In the Matter of Hideaki Kubo, an Attorney. (Attorney Registration No. 2431583.) Decided and Entered:April 16, 2026 PM-75-26 Calendar Date: April 13, 2026 Before: Garry, P.J., Clark, Fisher, Mackey And Ryba, JJ. Hideaki Kubo, Tokyo, Japan, 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. Hideaki Kubo was admitted to practice by this Court in 1991 and lists a business address in Tokyo, Japan with the Office of Court Administration. Kubo 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 Kubo's application. Upon reading Kubo's affidavit sworn to February 16, 2026, and filed February 27, 2026, and upon reading the April 7, 2026 correspondence in response by the Deputy Chief Attorney for AGC, and having determined that Kubo is eligible to resign for nondisciplinary reasons, we grant their application and accept their resignation. Garry, P.J., Clark, Fisher, Mackey and Ryba, JJ., concur. ORDERED that Hideaki Kubo's application for permission to resign is granted and their nondisciplinary resignation is accepted; and it is further ORDERED that Hideaki Kubo'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 Hideaki Kubo 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 Kubo 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 themselves out in any way as an attorney and counselor-at-law in this State; and it is further ORDERED that Hideaki Kubo shall, within 30 days of the date of this decision, surrender to the Office of Court Administration any Attorney Secure Pass issued to them.