Appellate Division Decisions of February 1, 2002

 

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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