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Matter of Saris

Citation: 2023 NY Slip Op 06217Docket: Motion No. 2023-03161 Case No. 2023-03563

Court: Appellate Division of the Supreme Court of the State of New York; December 5, 2023; New York; State Appellate Court

Original Court Document: View Document

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Emanuel F. Saris, an attorney admitted to practice law in New York since March 16, 1988, filed a motion on July 17, 2023, seeking to resign from the bar amid disciplinary proceedings initiated by the Attorney Grievance Committee (AGC) for the First Judicial Department. The proceedings arise from allegations of professional misconduct, specifically the misappropriation of $110,000 from a client’s escrow funds. Saris submitted an affidavit confirming his resignation is voluntary and made with an understanding of its consequences, which include disbarment. He acknowledges the investigation and admits he cannot defend against the misconduct allegations. Saris has repaid the misappropriated funds and recognizes that his resignation does not preclude future restitution claims by the AGC. He agrees to refrain from representing new clients or engaging in new transactions while his resignation is pending. The AGC does not oppose his resignation, affirming that his application meets regulatory requirements. All documents related to the case will be considered public records if the Court accepts his resignation.

Respondent Emanuel F. Saris has repaid $110,000 during the investigation, negating the need for a restitution order under 22 NYCRR 1240.10(b)(3) and Judiciary Law § 90(6-a). The motion to accept his resignation is granted, with his name stricken from the roll of attorneys in New York, effective retroactively to July 7, 2023. Saris is disbarred and prohibited from practicing law in any capacity, appearing before any legal authority, or providing legal opinions or advice. He must comply with the regulations for disbarred attorneys (22 NYCRR 1240.15), and if he possesses a secure pass from the Office of Court Administration, it must be returned immediately. The order was entered on December 5, 2023.