The Appellate Division of the Supreme Court of the State of New York has accepted the resignation of attorney Albert Joseph Mogavero. This decision, made on June 26, 2026, allows Mogavero to resign for non-disciplinary reasons and results in his name being removed from the roll of attorneys.
This ruling affects Mogavero, who is no longer permitted to practice law in New York. It highlights the court's authority to accept resignations from attorneys under certain circumstances, even when there are no disciplinary actions involved. This case is significant as it shows how the court handles resignations and the procedures involved in removing an attorney from the official list.
Background
Albert Joseph Mogavero is an attorney who sought to resign from the practice of law. The circumstances surrounding his resignation were non-disciplinary, meaning there were no allegations of misconduct or violations of legal ethics against him. Instead, Mogavero's decision to resign appears to be a personal choice rather than a response to any legal or ethical issues.
The case reached the Appellate Division after Mogavero formally submitted his application to resign. The court's role in this process is to review such applications and determine whether to accept them. In this instance, the court found no reason to deny Mogavero's request.
The Ruling
The court ruled to accept Mogavero's application to resign, stating, "Application to resign for non-disciplinary reasons accepted and name removed from roll of attorneys." This decision was made by a panel of judges, including Curran, Bannister, Montour, Greenwood, and Hannah.
The ruling indicates that the court found Mogavero's reasons for resigning to be valid and acceptable. By removing his name from the roll of attorneys, the court effectively ends Mogavero's ability to practice law in New York.
Impact
This ruling has implications for the legal community in New York. It emphasizes the court's ability to manage the attorney roster and ensure that only those who wish to practice law remain on the list. Additionally, it serves as a reminder that attorneys can resign for personal reasons without facing disciplinary action.
While this case does not set a new legal precedent, it reinforces existing procedures regarding attorney resignations. It highlights the importance of maintaining an accurate and updated list of practicing attorneys in New York.
What's Next
Details were not available in the court filing regarding whether Mogavero plans to pursue any further legal action or if there are related cases pending. However, once an attorney resigns and their name is removed from the roll, they typically cannot practice law again unless they go through a reinstatement process.