Opinion
No. PM-225-22
12-15-2022
In the Matter of Attorneys in Violation of Judiciary Law § 468-a. Attorney Grievance Committee for the Third Judicial Department, Petitioner; Patricia McArdle, Respondent. (Attorney Registration No. 2957280.)
Monica A. Duffy, Attorney Grievance Committee for the Third Judicial Department, Albany, for Attorney Grievance Committee for the Third Judicial Department. Patricia McArdle, Dallas, Texas, respondent pro se.
Calendar Date November 14, 2022
Monica A. Duffy, Attorney Grievance Committee for the Third Judicial Department, Albany, for Attorney Grievance Committee for the Third Judicial Department.
Patricia McArdle, Dallas, Texas, respondent pro se.
Before Lynch, J.P., Clark, Aarons, Pritzker and Reynolds Fitzgerald, JJ.
Motion by respondent for an order reinstating her to the practice of law following her suspension by May 2019 order of this Court (Matter of Attorneys in Violation of Judiciary Law § 468-a , 172 A.D.3d 1706, 1740 [3d Dept 2019]; see Rules for Attorney Disciplinary Matters [22 NYCRR] § 1240.16; Rules of App Div, 3d Dept [22 NYCRR] § 806.16).
Upon reading respondent's affidavit with exhibits sworn to September 28, 2022 and supplemental affidavit with exhibits sworn to October 27, 2022, and the November 10, 2022 responsive correspondence from the Attorney Grievance Committee for the Third Judicial Department, and having determined, by clear and convincing evidence, that (1) respondent has complied with the order of suspension and the Rules of this Court, (2) respondent has the requisite character and fitness to practice law, and (3) it would be in the public interest to reinstate respondent to the practice of law (see Matter of Attorneys in Violation of Judiciary Law § 468-a [Castle], 169 A.D.3d 1151, 1152-1153 [3d Dept 2019]), and having concluded that respondent has complied with the requirements of Rules of the Appellate Division, Third Department (22 NYCRR) § 806.16 (c) (5), it is
We do note that, in curing her longstanding registration delinquency in August 2021, respondent improperly asserted her "retired" status, notwithstanding the fact that she has continuously engaged in the practice of law in Texas (see Rules of Chief Admin of Cts [22 NYCRR] § 118.1 [g]). Accordingly, we direct respondent to file amended registration statements for the biennial registration periods in question and provide proof that she has done so to the Attorney Grievance Committee for the Third Judicial Department and this Court within 30 days of the date of this order (see Matter of Attorneys in Violation of Judiciary Law § 468-a [Stephans], 204 A.D.3d 1304, 1306 [3d Dept 2022]; Matter of Attorneys in Violation of Judiciary Law § 468-a [DaCunzo], 199 A.D.3d 1118, 1120-1121 [3d Dept 2021]).
ORDERED that respondent's motion for reinstatement is granted; and it is further
ORDERED that respondent is reinstated as an attorney and counselor-at-law, effective immediately, subject to the conditions set forth in this decision (see n, supra).
Lynch, J.P., Clark, Aarons, Pritzker and Reynolds Fitzgerald, JJ., concur.