Voluntary Resignations and Decisions
in
Attorney Disciplinary Matters
September 30, 2005
The following attorneys submitted affidavits or affirmations requesting that the Court accept their resignations from the practice of law in the State of New York. These individuals were not the subject of disciplinary investigations or proceedings.
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Attorney |
Docket No. |
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VR-05-032 |
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VR-05-022 |
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VR-05-021 |
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VR-05-014 |
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VR-05-020 |
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VR-05-031 |
Disciplinary Matters
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Attorney |
Docket No. |
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L-04-020 |
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M-05-035 |
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M-05-028 |
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FC-05-018 |
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P-05-023 |
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SC-05-016 |
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P-04-025 |
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P-04-027 |
Voluntary Resignations
The following attorneys submitted affidavits or affirmations requesting that the Court accept their resignations from the practice of law in the State of New York. These individuals were not the subject of disciplinary investigations or proceedings.
MATTER OF ROBERT B. FURR, JR., AN ATTORNEY, RESIGNOR. -- Voluntary resignation accepted and name removed from roll of attorneys (see Matter of Manown, 240 AD2d 83). PRESENT: PIGOTT, JR., P.J., HURLBUTT, KEHOE, MARTOCHE, AND LAWTON, JJ. (Filed Sept. 15, 2005.)
MATTER OF ROBERT G. GIUNTA, AN ATTORNEY, RESIGNOR. -- Voluntary resignation accepted and name removed from roll of attorneys (see Matter of Manown, 240 AD2d 83). PRESENT: GREEN, J.P., SCUDDER, GORSKI, PINE, AND LAWTON, JJ. (Filed July 12, 2005.)
MATTER OF DEBORAH GOODWIN, AN ATTORNEY, RESIGNOR. -- Voluntary resignation accepted and name removed from roll of attorneys (see Matter of Manown, 240 AD2d 83). PRESENT: GREEN, J.P., SCUDDER, GORSKI, PINE, AND LAWTON, JJ. (Filed July 12, 2005.)
MATTER OF JAMES J. MORAN, AN ATTORNEY, RESIGNOR. -- Voluntary resignation accepted and name removed from roll of attorneys (see Matter of Manown, 240 AD2d 83). PRESENT: GREEN, J.P., SCUDDER, GORSKI, PINE, AND LAWTON, JJ. (Filed July 12, 2005.)
MATTER OF DANIEL WAYNE POZEFSKY, AN ATTORNEY, RESIGNOR. -- Voluntary resignation accepted and name removed from roll of attorneys (see Matter of Manown, 240 AD2d 83). PRESENT: GREEN, J.P., SCUDDER, GORSKI, PINE, AND LAWTON, JJ. (Filed July 12, 2005.)
MATTER OF MARK F. SCARCELLO, AN ATTORNEY, RESIGNOR. -- Voluntary resignation accepted and name removed from roll of attorneys (see Matter of Manown, 240 AD2d 83). PRESENT: GREEN, J.P., SCUDDER, GORSKI, PINE, AND LAWTON, JJ. (Filed Aug. 4, 2005.)
Disciplinary Matters
MATTER OF RICHARD J. HOGAN, JR., 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 petition constitutes a default (see Matter of Wedlock, 230 AD2d 422; see also Matter of Frank, 9 AD3d 916; Matter of Cary, 7 AD3d 24; Matter of Gaesser, 6 AD3d 1246). PRESENT: GREEN, J.P., SCUDDER, GORSKI, PINE, AND HAYES, JJ. (Filed Sept. 30, 2005.)
MATTER OF RICHARD J. HOGAN, JR., A SUSPENDED ATTORNEY, RESPONDENT. GRIEVANCE COMMITTEE OF THE EIGHTH JUDICIAL DISTRICT, PETITIONER. -- Order entered granting motion for default. Same Memorandum as in Matter of Richard J. Hogan, Jr. (___ AD3d ___ [Sept. 30, 2005]). PRESENT: GREEN, J.P., SCUDDER, GORSKI, PINE, AND HAYES, JJ. (Filed Sept. 30, 2005.)
MATTER OF CHRISTOS G. LADAS, A SUSPENDED ATTORNEY, RESPONDENT. GRIEVANCE COMMITTEE OF THE EIGHTH JUDICIAL DISTRICT, PETITIONER. -- Order of contempt entered. Per Curiam Opinion: Respondent was admitted to the practice of law by this Court on January 10, 1991. By order entered February 7, 2001, he was suspended for a period of two years and until further order of the Court for misconduct that included converting estate funds. Respondent was personally served on February 23, 2001, with a certified copy of the suspension order and a copy of this Court’s rule governing the conduct of suspended attorneys.
This Court, by order entered June 14, 2004, granted a motion by petitioner for an order punishing respondent for contempt of court and imposed a fine in the amount of $500 (Matter of Ladas, 9 AD3d 234). Respondent admitted that he had violated the suspension order of this Court by appearing in court on behalf of two clients and holding himself out as an attorney. In determining an appropriate sanction, we noted respondent’s expression of extreme remorse and the statement of respondent that, in appearing in court in violation of the suspension order, he was motivated by a desire to assist friends (id. at 235).
By notice of motion returnable September 13, 2005, petitioner again moves for an order punishing respondent for contempt of court on the ground that, in 2002, he violated the suspension order by appearing at a closing on behalf of the seller and holding himself out as an attorney. Respondent admitted the allegations set forth in the motion papers and appeared before this Court and submitted matters in mitigation.
As we have previously held, the conduct of a suspended attorney in holding oneself out as an attorney and continuing to practice law constitutes criminal contempt of court in violation of Judiciary Law § 750 (A) (3) (see Ladas, 9 AD3d at 235; see also Matter of Cary, 7 AD3d 24; Matter of Przybyla, 4 AD3d 8).
We have considered the matters submitted in mitigation, including that the conduct of respondent occurred prior to the conduct for which he was previously sanctioned. Accordingly, we grant petitioner’s motion, find respondent in criminal contempt of this Court and impose a fine in the amount of $500. PRESENT: PIGOTT, JR., P.J., HURLBUTT, KEHOE, MARTOCHE, AND LAWTON, JJ. (Filed Sept. 30, 2005.)
MATTER OF GEORGE K. MC CARTHY, A SUSPENDED ATTORNEY, RESPONDENT. GRIEVANCE COMMITTEE OF THE SEVENTH JUDICIAL DISTRICT, PETITIONER. -- Order of disbarment entered. Memorandum: Respondent’s unexcused failure to appear or respond to the order to show cause constitutes a default. PRESENT: PIGOTT, JR., P.J., HURLBUTT, KEHOE, MARTOCHE, AND LAWTON, JJ. (Filed Sept. 30, 2005.)
MATTER OF KAREN E. MEINZER, AN ATTORNEY, RESPONDENT. GRIEVANCE COMMITTEE OF THE EIGHTH JUDICIAL DISTRICT, PETITIONER. -- Order of suspension entered. PRESENT: PIGOTT, JR., P.J., HURLBUTT, KEHOE, MARTOCHE, AND LAWTON, JJ. (Filed Sept. 21, 2005.)
MATTER OF MARK S. OGDEN, A SUSPENDED ATTORNEY, RESPONDENT. GRIEVANCE COMMITTEE OF THE SEVENTH JUDICIAL DISTRICT, PETITIONER. -- Order of disbarment entered. Memorandum: Respondent’s unexcused failure to appear or respond to the order to show cause constitutes a default. PRESENT: PIGOTT, JR., P.J., HURLBUTT, KEHOE, MARTOCHE, AND LAWTON, JJ. (Filed Sept. 30, 2005.)
MATTER OF ANGELO A. RINALDI, A SUSPENDED ATTORNEY, RESIGNOR. -- Resignation accepted, name stricken from roll of attorneys and order of restitution entered. PRESENT: PIGOTT, JR., P.J., HURLBUTT, KEHOE, MARTOCHE, AND LAWTON, JJ. (Filed Sept. 15, 2005.)
MATTER OF DAVID R. WENDT, AN ATTORNEY, RESPONDENT. GRIEVANCE COMMITTEE OF THE EIGHTH JUDICIAL DISTRICT, PETITIONER. -- Order of suspension entered pursuant to 22 NYCRR 1022.20 (e). PRESENT: PIGOTT, JR., P.J., HURLBUTT, KEHOE, MARTOCHE, AND LAWTON, JJ. (Filed Sept. 19, 2005.)