Appellate Division: Second Judicial Department

M51873

K/nl

A. GAIL PRUDENTI, P.J.

ROBERT W. SCHMIDT

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2006-10184 In the Matter of Warren A. Cohen, admitted as Warren Alan Cohen, an attorney and counselor-at-law. Grievance Committee for the Second and Eleventh Judicial Districts, petitioner; Warren A. Cohen, respondent. (Attorney Registration No. 2408490)

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Second and Eleventh Judicial Districts for an order suspending the respondent from the practice of law pending charges of professional misconduct against him, pursuant to 22 NYCRR 691.4(l)(1)(i), upon a finding that he is guilty of professional misconduct immediately threatening the public interest in that he failed to submit a written answer to a complaint of professional misconduct within 10 days of his receipt of the Grievance Committee's demand for such an answer and failed to comply with numerous lawful demands of the Grievance Committee in connection with its investigation. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Third Judicial Department on June 23, 1964, under the name Warren Alan Cohen.

Upon the papers submitted in support of the motion and no papers having been submitted in opposition thereto, it is

ORDERED that the motion for the respondent's immediate suspension is granted; and it is further,

ORDERED that pursuant to 22 NYCRR 691.4(l)(1)(i), the respondent, Warren A. Cohen, admitted as Warren Alan Cohen, is immediately suspended from the practice of law in the State of New York, pending further order of the court; and it is further,

ORDERED that the respondent shall promptly comply with this court's rules governing the conduct of disbarred, suspended, and resigned attorneys (see 22 NYCRR 691.10); and it is further

ORDERED that pursuant to Judiciary Law §90, during the period of suspension and until further order of this court, the respondent, Warren A. Cohen, admitted as Warren Alan Cohen, is commanded to desist and refrain from (1) practicing law in any form, either as principal or agent, clerk, or employee of another, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board commission, or other public authority, (3) giving to another an opinion as to the law of its application or any advice in relation thereto, and (4) holding himself out in any way as an attorney and counselor-at-law; and it is further,

ORDERED that the Grievance Committee for the Second and Eleventh Judicial Districts is hereby authorized to institute and prosecute a disciplinary proceeding in this court, against Warren A. Cohen, admitted as Warren Alan Cohen, based on the affirmation in support of the motion to suspend the respondent; and it is further,

ORDERED that Diana Maxfield Kearse, Chief Counsel to the Grievance Committee for the Second and Eleventh Judicial Districts, Renaissance Plaza, 335 Adams Street, Suite 2400, Brooklyn, N.Y. 11201-3745, is hereby appointed as attorney for the petitioner in such proceeding; and it is further,

ORDERED that the petitioner Grievance Committee shall serve upon the respondent and the Special Referee, and file with this court a petition within 30 days after receipt of a copy of this decision and order on motion; and it is further,

ORDERED that within 20 days after service upon him of the petition, the respondent shall serve an answer upon the petitioner and the Special Referee, and shall file the original answer with this court; and it is further,

ORDERED that the issues raised by the petition and answer are referred to the Honorable John A. Monteleone, a retired Justice of the Supreme Court, 16 Court Street, 18th Floor, Brooklyn, N.Y. 11241, as Special Referee to expeditiously hear and report within 60 days after the conclusion of the hearing or the submission of post-hearing memoranda, along with the charges previously referred to him; and its further,

ORDERED that if the respondent, Warren A. Cohen, admitted as Warren Alan Cohen, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency and the respondent shall certify to the same in his affidavit of compliance pursuant to 22 NYCRR 691.10(f).

We find, prima facie, that the respondent is guilty of professional misconduct immediately threatening the public interest based upon his failure to cooperate with the Grievance Committee's investigation.

By letter dated June 28, 2006, the Grievance Committee directed the respondent to submit an answer to the complaint of Martha Perez which alleged neglect of her personal injury case, within 10 days. The respondent failed to submit a written answer or to contact the Grievance Committee in any manner.

By letter dated July 19, 2006, sent via certified and regular mail, the Grievance Committee again requested the respondent's answer within 10 days and advised that his continued failure to cooperate could result in a motion for his immediate suspension. Although the certified letter was returned to the Grievance Committee with the notation: "Return to Sender, Unclaimed, Unable to Forward," the letter sent via regular mail was not returned. The respondent still failed to submit an answer or to contact the Grievance Committee in any manner.

In a telephone conversation on August 7, 2006, the respondent acknowledged to Grievance Counsel that he had received the Perez complaint but claimed to have been sick and unable to answer. The respondent provided no details but promised to submit an answer by August 14, 2006. The respondent still failed to comply.

By letter dated August 22, 2006, sent via certified and regular mail, the Grievance Committee directed the respondent to submit a written answer to the Perez complaint on or before September 18, 2006, and reminded him that his continuing failure to cooperate could result in a motion for his suspension. Although the certified letter was returned, the letter sent via regular mail was not. The respondent still failed to comply.

On several occasions in September and October 2006, Grievance Counsel called the respondent's telephone number and left messages directing him to call the Grievance Committee's office.

By letter dated October 24, 2006, Grievance Counsel warned the respondent that his continued failure to comply would result in an application for his immediate suspension and directed respondent to telephone the office upon receipt of that letter. The Grievance Committee's investigator attempted to personally deliver the letter to the respondent's address. When no one answered either the front or side doors, the investigator left the letter in the mail slot of the front door.

On October 26, 2006, the Grievance Investigator obtained the name and telephone number of the owner of the subject premises, Patricia Pedone. Ms. Pedone confirmed that the respondent rents her basement apartment. She found the personally delivered letter which had been inadvertently placed in her mail slot. Ms. Pedone informed the Grievance Committee's investigator that she immediately took the letter downstairs and handed it to the respondent. Ms. Pedone agreed to direct the respondent to telephone the Grievance Committee's offices. To date, the respondent has still failed to contact the Grievance Committee in any manner.

Although personally served on November 3, 2006, with the Grievance Committee's Order to Show Cause seeking his interim suspension, the respondent has failed to submit any reply.

In view of respondent's failure to comply with the Grievance Committee's numerous lawful demands, both in writing and by telephone, for a written answer, the Grievance Committee's motion is granted and the respondent is immediately suspended, pursuant to 22 NYCRR 691.4(l)(1)(i). The Grievance Committee is authorized to institute and prosecute a disciplinary proceeding against the respondent and to file and serve a petition within 30 days; the respondent is directed to submit an answer within 20 days after service upon him of the petition; and this matter is referred to a Special Referee to hear and report.

PRUDENTI, P.J., SCHMIDT, CRANE, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court