Matter of Kaper; Grievance Committee for the Tenth Judicial
Motion No: 2008-07948
Slip Opinion No: 2009 NY Slip Op 72521(U)
Decided on May 14, 2009
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M86676

E/nl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2008-07948

In the Matter of Michael J. Kaper, admitted as

Michael Jonathan Kaper, a suspended attorney.

Grievance Committee for the Tenth Judicial

District, petitioner;

Michael J. Kaper, respondent.

(Attorney Registration No. 1261049)

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Tenth Judicial District for an order: 1) finding the respondent in default upon the grounds that he failed to file an answer to a verified petition dated August 18, 2008; 2) deeming the charges admitted; and 3) imposing such discipline upon the respondent as the court deems just and proper. By decision and order on motion dated November 14, 2008, the respondent was suspended pursuant to 22 NYCRR 691.4(l)(1)(i) and (iii), on the ground that he constituted an immediate threat to the public interest based on his failure to cooperate with the Grievance Committee and other uncontroverted evidence of professional misconduct; the Grievance Committee was authorized to institute and prosecute a disciplinary proceeding against the respondent; and the issues raised were referred to the Honorable Geoffrey J. O'Connell as Special Referee to hear and report. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the First Judicial Department on February 25, 1974, under the name Michael Jonathan Kaper.

Upon the papers submitted in support of the motion and the papers submitted in opposition thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the default of the respondent, Michael J. Kaper, admitted as Michael Jonathan Kaper, in answering the petition is vacated and he is directed to submit an answer specifically addressing the allegations of the petition within 30 days; and it is further,

ORDERED that the parties are directed to proceed to a hearing before the Honorable Geoffrey J. O'Connell as previously ordered.

PRUDENTI, P.J., MASTRO, RIVERA, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court