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Matter of Barish

Citation: 2023 NY Slip Op 01130Docket: PM-42-23

Court: Appellate Division of the Supreme Court of the State of New York; March 1, 2023; New York; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Wendi Dawn Barish, an attorney admitted to practice in New York in 2014, applied for permission to resign from the New York bar for nondisciplinary reasons. The Attorney Grievance Committee for the Third Judicial Department (AGC) did not oppose her application. After reviewing Barish's affidavit and the AGC's correspondence, the court determined she was eligible to resign. The court granted her application, accepted her resignation, and ordered that her name be stricken from the roll of attorneys in New York effective immediately. Barish is prohibited from practicing law in New York in any capacity and must surrender her Attorney Secure Pass to the Office of Court Administration within 30 days.

Legal Issues Addressed

Immediate Effect of Resignation

Application: Upon granting an attorney's resignation application, the court orders that the attorney's name be stricken from the roll of attorneys effective immediately.

Reasoning: The court granted her application, accepted her resignation, and ordered that her name be stricken from the roll of attorneys in New York effective immediately.

Judicial Review of Resignation Application

Application: The court reviews the attorney's affidavit and any correspondence from the grievance committee before determining eligibility for resignation.

Reasoning: After reviewing Barish's affidavit and the AGC's correspondence, the court determined she was eligible to resign.

Prohibition on Practicing Law Post-Resignation

Application: An attorney who has resigned is prohibited from practicing law in any capacity within the jurisdiction from which they resigned.

Reasoning: Barish is prohibited from practicing law in New York in any capacity.

Surrender of Attorney Credentials

Application: An attorney who resigns is required to surrender any legal credentials, such as an Attorney Secure Pass, within a specified period.

Reasoning: Barish...must surrender her Attorney Secure Pass to the Office of Court Administration within 30 days.

Voluntary Resignation from the Bar

Application: An attorney may voluntarily resign from the bar for nondisciplinary reasons if approved by the relevant judicial department.

Reasoning: Wendi Dawn Barish, an attorney admitted to practice in New York in 2014, applied for permission to resign from the New York bar for nondisciplinary reasons.