The Appellate Division of the Supreme Court of the State of New York has accepted the resignation of attorney David A. Lerner, effective immediately. This decision, made on November 5, 2026, allows Lerner to resign from the New York bar for nondisciplinary reasons. The ruling affects Lerner, who has been a member of the bar since 1984, and it signifies the court's approval of his request to step down from practicing law in New York.

Lerner's resignation is notable as it comes without any disciplinary actions against him. The Attorney Grievance Committee for the Third Judicial Department (AGC) did not oppose Lerner’s application, indicating that there were no ongoing issues that would prevent his resignation. This case highlights the process and considerations involved when an attorney wishes to resign from the bar.

Background

David A. Lerner has been a practicing attorney since 1984 and was admitted to the New York bar by this Court. His business address is listed in Bloomfield Hills, Michigan. The circumstances surrounding his resignation were initiated by Lerner himself, who sought to resign for nondisciplinary reasons, as outlined in the Rules for Attorney Disciplinary Matters.

The application for resignation was supported by an affidavit sworn by Lerner on September 14, 2026, which was subsequently filed on September 22, 2026. The AGC reviewed his application and correspondence related to the case and determined that Lerner was eligible to resign without facing any disciplinary actions. This led to the court's decision to grant his request.

The Ruling

The court ruled in favor of David A. Lerner's application for resignation, stating, "we grant his application and accept his resignation." The decision was made by a panel of judges, including Reynolds Fitzgerald, J.P., Fisher, McShan, Mackey, and Ryba, JJ. The ruling officially strikes Lerner's name from the roll of attorneys and counselors-at-law in New York.

Furthermore, the court ordered that Lerner must refrain from practicing law in any capacity within the state. This includes any role as a principal, agent, clerk, or employee of another attorney. The court emphasized that Lerner is forbidden from appearing as an attorney or counselor-at-law before any court or public authority.

Impact

The acceptance of Lerner's resignation has significant implications for both him and the legal community. For Lerner, it marks the end of his formal legal career in New York, allowing him to move on without the burden of any disciplinary issues. For the legal community, this case illustrates the process by which attorneys can resign without facing disciplinary actions, providing a clear pathway for those who may wish to leave the profession under similar circumstances.

Additionally, this ruling reinforces the importance of the AGC's role in evaluating such applications. Their non-opposition to Lerner's resignation suggests a cooperative relationship between the committee and attorneys seeking to resign, which may encourage other attorneys to consider similar actions if they find themselves in a position to step away from practice.

What's Next

As of now, there is no indication that David A. Lerner plans to appeal the court's decision. Details were not available in the court filing regarding any related cases pending or any further actions he may take following his resignation.