Matter of Schmitt
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- 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 02586
Application to resign from the roll of attorneys for non-disciplinary reasons reviewed by the Appellate Division
Summary
The Appellate Division, Fourth Department accepted the application of attorney Donald T. Schmitt to resign from the practice of law for non-disciplinary reasons and ordered his name removed from the roll of attorneys. The court treated the filing as an application to resign, found no disciplinary proceeding necessary, and granted the requested relief, resulting in Schmitt's voluntary cessation of his status as a licensed attorney in New York.
Issues Decided
- Whether the court should accept an attorney's application to resign for non-disciplinary reasons
- Whether the applicant's name should be removed from the roll of attorneys upon acceptance of the resignation
Court's Reasoning
The court accepted the resignation application because it was submitted for non-disciplinary reasons and complied with the procedural requirements for voluntary resignation. There was no indication of pending disciplinary proceedings requiring denial or further inquiry. Accordingly, the appropriate remedy was to grant the resignation and remove the attorney's name from the roll.
Parties
- Resignor
- Donald T. Schmitt
- Judge
- Lindley, J.P.
- Judge
- Ogden
- Judge
- Nowak
- Judge
- Delconte
Key Dates
- Decision date
- 2026-04-24
- Filed date (opinion)
- 2026-04-01
What You Should Do Next
- 1
Confirm administrative removal
The Office of Court Administration will update attorney rolls and related databases; affected parties should verify that the roll reflects the removal.
- 2
Notify clients and opposing counsel
If Schmitt has active clients or pending matters, he or his firm should ensure clients and opposing counsel are informed of his change in status and arrange for transfer of files or successor counsel.
- 3
Consult counsel if affected
Clients or firms unsure how this resignation affects ongoing matters should consult an attorney promptly to arrange for representation or protect their interests.
Frequently Asked Questions
- What did the court decide?
- The court accepted Donald T. Schmitt's voluntary resignation for non-disciplinary reasons and ordered that his name be removed from the roll of attorneys.
- Does this mean he was disciplined?
- No. The resignation was for non-disciplinary reasons, and the record does not indicate any disciplinary sanction was imposed.
- Who is affected by this decision?
- Donald T. Schmitt is directly affected because he is no longer authorized to practice law in New York; clients and courts should no longer treat him as a licensed attorney.
- Can this decision be challenged or reversed?
- Voluntary resignations accepted by the court are final; any challenge would require a motion or special application to the court explaining why reconsideration is warranted.
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 Schmitt - 2026 NY Slip Op 02586 Matter of Schmitt 2026 NY Slip Op 02586 April 24, 2026 Appellate Division, Fourth Department MATTER OF DONALD T. SCHMITT, AN ATTORNEY, RESIGNOR. Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department Decided on April 24, 2026 Present: Lindley, J.P., Ogden, Nowak, And Delconte, JJ. (Filed Apr. 1, 2026.) MEMORANDUM AND ORDER Application to resign for non-disciplinary reasons accepted and name removed from roll of attorneys.