The Matter of Donald William Leo

I respectfully concur in the result only. The majority refuses to conclude that Donald William Leo did not violate the Special Rules of the Appellate Division, Second Department, embodied in 22 NYCRR 691.10 (c) and (d) (see majority op at 366). To clarify: Leo did not breach those rules.

*367The subject rules pertain only to the conduct of attorneys who are “disbarred, suspended or [who have] resigned” (22 NYCRR 691.10). At the time Leo gave the client notification in question, none of those classifications applied to him. Although Leo had submitted his resignation to the Appellate Division at the…