MATTER OF MARY ROBERTS BAILEY, 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 SMITH, JJ. (Filed Aug. 29, 2006.)

MATTER OF PETER DAVID BROITMAN, 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 SMITH, JJ. (Filed Aug. 29, 2006.)

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MATTER OF F. JAMES DONNELLY, 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 SMITH, JJ. (Filed Aug. 29, 2006.)

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MATTER OF THOMAS J. DUFFY, 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 SMITH, JJ. (Filed Aug. 29, 2006.)

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MATTER OF MARY JORDAN EDWARDS, 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 SMITH, JJ. (Filed Aug. 16, 2006.)

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MATTER OF WARREN THEODORE ERICKSON, 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 SMITH, JJ. (Filed Aug. 16, 2006.)

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MATTER OF JOAN M. GARACZKOWSKI, 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 SMITH, JJ. (Filed Aug. 29, 2006.)

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MATTER OF RALPH CHARLES HARDESTY, 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 SMITH, JJ. (Filed Aug. 16, 2006.)

MATTER OF B. THOMAS HARWOOD, 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 SMITH, JJ. (Filed Sept. 11, 2006.)

MATTER OF SALLY A. HESTAD, 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 SMITH, JJ. (Filed Aug. 16, 2006.)

MATTER OF MICHAEL R. KOVAL, 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 SMITH, JJ. (Filed Aug. 29, 2006.)

MATTER OF JOHN L. LICCIARDI, 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 SMITH, JJ. (Filed Aug. 29, 2006.)

MATTER OF EMILY REID, 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 SMITH, JJ. (Filed Sept. 11, 2006.)

MATTER OF CRAIG DAVID SANDOK, AN ATTORNEY, RESIGNOR. -- Voluntary resignation accepted and name removed from roll of attorneys (see Matter of Manown, 240 AD2d 83). PRESENT: SCUDDER, J.P., GORSKI, GREEN, PINE, AND HAYES, JJ. (Filed Aug. 8, 2006.)

MATTER OF HERBERT PETER SORG, 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 SMITH, JJ. (Filed Aug. 16, 2006.)

MATTER OF WILLIE R. FELTON, FOR REINSTATEMENT TO THE PRACTICE OF LAW. -- Order entered denying application for reinstatement. Memorandum: Petitioner has failed to sustain his burden of demonstrating by clear and convincing evidence that he has complied with the order of disbarment, that he has the requisite character and fitness to practice law or that it would be in the public interest to reinstate him. PRESENT: PIGOTT, JR., P.J., HURLBUTT, KEHOE, MARTOCHE, AND SMITH, JJ. (Filed Sept. 22, 2006.)

MATTER OF DANIELLE LENAHAN, AN ATTORNEY, RESPONDENT. GRIEVANCE COMMITTEE OF THE EIGHTH JUDICIAL DISTRICT, PETITIONER. -- Order of suspension entered. Per Curiam Opinion: Respondent was admitted to the practice of law by this Court on January 12, 2000, and was formerly engaged in the practice of law with her father, J. Daniel Lenahan, in Buffalo. The Grievance Committee filed a petition charging respondent and her father with acts of misconduct arising from debt collection practices engaged in by or at the direction of their law firm. Respondent and her father filed an answer denying material allegations of the petition, and a referee was appointed to conduct a hearing. Prior to the hearing, J. Daniel Lenahan submitted his resignation from the practice of law, and an order was entered striking his name from the roll of attorneys (Matter of Lenahan, 28 AD3d 1256). The parties executed a stipulation amending the petition and the answer and resolving outstanding issues of fact with respect to respondent. The Referee submitted a report based upon the stipulation, which the Grievance Committee moves to confirm.

    Respondent admitted that she was paid by debt collection agencies for the use of her law firm name and that, despite her knowledge that debt collectors employed by those agencies were engaging in illegal and abusive practices, she failed to exercise any meaningful involvement, control or supervision over their activities. We note that the conduct engaged in by these debt collectors included false, deceptive and misleading representations as to their status as attorneys, threats regarding legal action that was not contemplated or authorized and representations that failure to satisfy debts would result in arrest, imprisonment or seizure, garnishment, attachment or sale of debtors’ property.

    Respondent admitted further that: letters were sent to debtors over the signature of a fictitious person and on letterhead that failed to list an office address for her firm; she improperly held herself out as practicing law under a trade name; and she permitted nonlawyers to have signatory authority over an escrow account and permitted cash deposits to be made into the account.

    We confirm the findings of fact made by the Referee and conclude that respondent violated the following Disciplinary Rules of the Code of Professional Responsibility:

    DR 1-102 (a) (4) (22 NYCRR 1200.3 [a] [4]) - engaging in conduct involving dishonesty, fraud, deceit or misrepresentation;

    DR 1-102 (a) (7) (22 NYCRR 1200.3 [a] [7]) - engaging in conduct that adversely reflects on her fitness as a lawyer;

    DR 1-104 (d) (1) (22 NYCRR 1200.5 [d] [1]) - ratifying conduct of a nonlawyer that would be a violation of the Disciplinary Rules if engaged in by a lawyer;

    DR 1-104 (d) (2) (22 NYCRR 1200.5 [d] [2]) - failing to take reasonable remedial action at a time when the consequences of misconduct by a nonlawyer could have been avoided or mitigated, when she knew or should have known of the misconduct in the exercise of reasonable management or supervisory authority;

    DR 2-101 (k), 2-102 (a) (22 NYCRR 1200.6 [k]; 1200.7 [a]) - failing to include on her law firm letterhead an office address for the law firm;

    DR 2-102 (b) (22 NYCRR 1200.7 [b]) - practicing law under a trade name; and

    DR 9-102 (e) (22 NYCRR 1200.46 [e]) - allowing nonlawyers to be authorized signatories of a special account.

    We have considered the matters submitted on behalf of respondent in mitigation. Respondent, however, has engaged in serious misconduct and demonstrated an absence of remorse when she appeared before this Court. Accordingly, after consideration of all of the factors in this matter, we conclude that respondent should be suspended for a period of two years and until further order of the Court. PRESENT: PIGOTT, JR., P.J., HURLBUTT, KEHOE, MARTOCHE, AND SMITH, JJ. (Filed Sept. 22, 2006.)

MATTER OF MACKSON P. MC DOWALL, A SUSPENDED ATTORNEY, RESPONDENT. GRIEVANCE COMMITTEE OF THE EIGHTH JUDICIAL DISTRICT, PETITIONER. -- Order of disbarment entered. Same Per Curiam as in Matter of Mc Dowall (___ AD3d ___ [Sept. 22, 2006]). PRESENT: PIGOTT, JR., P.J., HURLBUTT, KEHOE, MARTOCHE, AND SMITH, JJ. (Filed Sept. 22, 2006.)

MATTER OF MACKSON P. MC DOWALL, 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 the Third Department on January 23, 1989, and formerly maintained an office for the practice of law in Buffalo. He was suspended for two years and until further order of this Court by order entered December 27, 2000, for misconduct that included conversion of client funds and negotiating through his attorney trust account Canadian checks drawn against insufficient funds (Matter of McDowall, 279 AD2d 216). Respondent was personally served on December 29, 2000, with a certified copy of the suspension order and a copy of this Court’s rule governing the conduct of suspended attorneys.

    On September 12, 2005, respondent filed his third application for reinstatement. The first two applications were opposed by the Grievance Committee and denied by this Court on the grounds that respondent had failed to demonstrate that he had complied with the suspension order and the rules governing the conduct of suspended attorneys (Matter of McDowall, 20 AD3d 942; Matter of McDowall, 9 AD3d 915). In response to respondent’s third application, the Grievance Committee continued to oppose reinstatement on numerous grounds including that respondent, while suspended, had held himself out as an attorney and had accepted a legal fee. Respondent’s application was ordered held by this Court upon receipt of a report by the Grievance Committee that a new complaint had been filed alleging that respondent had accepted a legal fee in an immigration matter.

    On May 25, 2006, respondent was personally served with a petition and a motion for contempt, both returnable on June 20, 2006. The petition and the motion were based upon allegations that respondent violated the suspension order of this Court by engaging in the practice of law and holding himself out as an attorney.

    Respondent failed to file an answer to the petition or any response to the motion for contempt. On June 8, 2006, he sent to the Court by facsimile transmission a letter requesting an adjournment of the motion return date and additional time to respond to the motion on the grounds that he needed to locate and take statements from witnesses and to raise funds with which to retain counsel. Respondent did not mention the pending petition in his letter.

    We denied respondent’s request and directed him to appear before this Court on June 20, 2006. A letter advising respondent of this determination was mailed to the two addresses used by respondent throughout this proceeding. Attempts to send the letter to respondent by facsimile transmission were unsuccessful because the facsimile machine used by respondent to transmit his request to this Court had been disconnected.

    Respondent failed to appear on the return date. He telephoned the Clerk’s Office on the day following the return date and left messages indicating that he had been out of the country and had received the Court’s letter subsequent to the scheduled appearance, and he requested another opportunity to appear before the Court.

    We decline to grant respondent’s request. We have considered in connection with respondent’s initial request for an adjournment that the request was made a full two weeks following personal service of the petition and motion. Additionally, we note that respondent failed to contact the Court prior to the scheduled return date to ascertain the status of his request. In any event, the letter denying respondent’s request was mailed to respondent one week prior to the return date, and we decline to grant a request for a further appearance based upon his unsubstantiated allegation that he was absent from the country and did not receive the letter until the day following the scheduled appearance. Respondent is therefore in default both on the motion and the petition.

    The Grievance Committee alleged in support of the motion and respondent has not refuted that, while suspended and during the pendency of his application for reinstatement to practice, respondent held himself out as an attorney and accepted filing fees and legal fees; he met with clients and gave them legal advice without disclosing the fact that he was suspended; and he failed to complete legal matters on behalf of clients. As we have previously held, the conduct of a suspended attorney in failing to advise clients of a suspension, 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 Matter of Cary, 7 AD3d 24; Matter of Rudin, 296 AD2d 118).

    Respondent’s application for reinstatement is denied. For his contemptuous disregard of this Court’s order of suspension, we impose a fine in the amount of $1,000. Additionally, respondent’s unexcused failure to file an answer or appear in response to the petition constitutes a default. Accordingly, we conclude that respondent should be disbarred (see Cary, 7 AD3d 24). PRESENT: PIGOTT, JR., P.J., HURLBUTT, KEHOE, MARTOCHE, AND SMITH, JJ. (Filed Sept. 22, 2006.)

MATTER OF MACKSON P. MC DOWALL, FOR REINSTATEMENT TO THE PRACTICE OF LAW. -- Order entered denying application for reinstatement. Same Per Curiam as in Matter of Mc Dowall (___ AD3d ___ [Sept. 22, 2006]). PRESENT: PIGOTT, JR., P.J., HURLBUTT, KEHOE, MARTOCHE, AND SMITH, JJ. (Filed Sept. 22, 2006.)

MATTER OF PATRICIA E. SWARTZ, AN ATTORNEY, RESPONDENT. GRIEVANCE COMMITTEE OF THE EIGHTH JUDICIAL DISTRICT, PETITIONER. -- Order of suspension entered. PRESENT: PIGOTT, JR., P.J., HURLBUTT, KEHOE, MARTOCHE, AND SMITH, JJ. (Filed Sept. 22, 2006.)