On Thursday, February 15, 2024, the Appellate Division of the Third Department of the New York Supreme Court denied the motion for reinstatement of attorney Sung Youl Kim.

The case is entitled “In the Matter of Sung Youl Kim,” with case no. 2024 NY Slip Op 00845.

Kim had been previously suspended from practicing law by the Third Department in October 2021 for failing to comply with attorney registration requirements according to New York Judiciary Law § 468-a since 2016. To be reinstated, Kim needed to prove by clear and convincing evidence that he complied with the terms of the suspension order and court rules.

However, the Attorney Grievance Committee opposed Kim’s reinstatement motion, noting that he did not provide proof of completing continuing legal education (CLE) credits that are required by Third Department rules for attorneys suspended for over two years. These rules mandate attorneys in Kim’s situation to complete CLE accreditation before being reinstated.

In denying the motion, the Appellate Court said Kim did not meet his burden to show he should be reinstated as he provided no documentation fulfilling the CLE requirement, even though he was informed of this deficiency and had a chance to supplement his application. The court stressed that satisfying procedural requirements like demonstrating CLE compliance is necessary as part of proving the substantive elements of reinstatement regarding an attorney’s character, fitness, and the public’s interest in reinstatement.

The Disposition states:

“ORDERED that respondent’s motion for reinstatement is denied.”

According to the court filing, Mr. Kim acquired his law license in 1992.

A copy of the original filing can be found here.