| MATTER OF
WILLIAM A. ARGENTIERI, A DISBARRED ATTORNEY, PETITIONER. GRIEVANCE
COMMITTEE OF THE SEVENTH JUDICIAL DISTRICT, RESPONDENT. -- Motion
for reargument or, in the alternative, leave to appeal to the
Court of Appeals denied. PRESENT: GREEN, J. P., PINE, HAYES,
HURLBUTT, AND BURNS, JJ. (Filed Feb. 1, 2002.)
MATTER OF WILLIE R. FELTON,
A DISBARRED ATTORNEY, PETITIONER. GRIEVANCE COMMITTEE OF THE
SEVENTH JUDICIAL DISTRICT, RESPONDENT. -- Motion for
reconsideration denied. PRESENT: PIGOTT, JR., P. J., WISNER,
HURLBUTT, KEHOE, AND LAWTON, JJ. (Filed Feb. 1, 2002.)
MATTER OF ROBERT W. HYSERT,
A SUSPENDED ATTORNEY, RESPONDENT. GRIEVANCE COMMITTEE OF THE
EIGHTH JUDICIAL DISTRICT, PETITIONER. -- Order of disbarment
entered. Memorandum: Respondent's unexcused failure to appear or
answer the supplemental petitionconstitutes a default ( see,
Matter of Whitbread , 284 AD2d 1019). PRESENT: PIGOTT, JR., P.
J., WISNER, HURLBUTT, KEHOE, AND LAWTON, JJ. (Filed Feb. 1, 2002.)
MATTER OF CYNTHIA M. KELLNER,
AN ATTORNEY, RESIGNOR. --Resignation accepted and name stricken
from roll of attorneys. PRESENT: PIGOTT, JR., P. J., WISNER,
HURLBUTT, KEHOE, AND LAWTON, JJ. (Filed Jan. 25, 2002.)
MATTER OF STEPHEN A. LEVINE,
AN ATTORNEY, RESPONDENT. -- Order of suspension entered. Per
Curiam Opinion: Respondent was admitted to the practice of law by
this Court on February 11, 1976. This Court, by order entered
December 26, 2001, directed respondent to appear and show cause
why reciprocal discipline should not be imposed pursuant to 22
NYCRR 1022.22, based upon receipt of a certified copy of an order
of the Supreme Court of the State of Hawaii showing that
respondent was suspended for a period of six months, effective
December 14, 2001, for, inter alia , making misrepresentations to
a Circuit Court Judge. Respondent filed a letter acknowledging
receipt of this Court's order, waiving his right to appear and
stating that he had no opposition to the imposition of reciprocal
discipline.
Pursuant to 22 NYCRR 1022.22,
this Court may discipline an attorney disciplined in a foreign
jurisdiction for the underlying misconduct committed in that
jurisdiction unless this Court finds that the procedure in the
foreign jurisdiction deprived the attorney of due process of law;
there is insufficient proof that the attorney committed the
misconduct; or the imposition of discipline would be unjust.
Respondent received notice of the charges in the proceeding in
Hawaii and appeared with counsel at a hearing in that proceeding.
He does not controvert the findings made in that proceeding and
does not oppose the imposition of discipline based upon those
findings. Accordingly, after consideration of all of the factors
in this matter, we conclude that respondent should be suspended
for a period of six months, effective December 14, 2001, and until
further order of the Court. PRESENT: PIGOTT, JR., P. J., WISNER,
HURLBUTT, KEHOE, AND LAWTON, JJ. (Filed Feb. 1, 2002.)
MATTER OF ANDREW A.
LIGAMMARI, AN ATTORNEY, RESPONDENT. GRIEVANCE COMMITTEE OF THE
EIGHTH JUDICIAL DISTRICT, PETITIONER. -- Order of censure entered.
Per Curiam Opinion: Respondent was admitted to the practice of law
by this Court on February 7, 1986, and maintains an office for the
practice of law in Niagara Falls. The Grievance Committee filed a
petition charging that respondent, as a candidate for the position
of Niagara County Court Judge, made false accusations of criminal
and unethical
conduct against his opponent,
who was then a Town Justice. The false accusations were made both
in correspondence and in a
series of campaign
advertisements. Respondent filed an answer and an amended answer
denying certain factual allegations of the petition, and a Referee
was appointed to conduct a hearing. The Referee filed a report
that the Grievance Committee moves to confirm. The Referee found
that, at the time that respondent made false accusations against
his opponent, he knew or should have known that the accusations
were false. We confirm the findings of fact made by the Referee
and conclude that respondent violated the following Disciplinary
Rule
of the Code of Professional
Responsibility: DR 8-102 (b) (22 NYCRR 1200.43 [b]) - knowingly
making false accusations against a Judge.
We have considered the matters
in mitigation submitted by respondent, including his previously
unblemished record. Accordingly, we conclude that respondent
should be censured. PRESENT: GREEN, J. P., PINE, HAYES, SCUDDER,
AND BURNS, JJ.
(Filed Feb. 1, 2002.)
MATTER OF CHARLES R. TESTA,
AN ATTORNEY, RESIGNOR. -- Resignation accepted, name stricken from
roll of attorneys and order of restitution entered. PRESENT:
PIGOTT, JR., P. J., HURLBUTT, KEHOE, AND LAWTON, JJ. (Filed Jan.
25, 2002.)
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