| Matter of Diven; Grievance Committee for the Ninth Ju |
| Motion No: 2007-08534 |
| Slip Opinion No: 2010 NY Slip Op 64152(U) |
| Decided on February 24, 2010 |
| 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. |
Appellate Division: Second Judicial Department
M99096
E/ct
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2007-08534 In the Matter of Charles J. Diven, Jr., a suspended attorney. Grievance Committee for the Ninth Judicial District, petitioner; Charles J. Diven, Jr., respondent. (Attorney Registration No. 2962074)
| DECISION & ORDER ON MOTION |
Motion by the respondent for an order granting renewal and/or reargument of an opinion and order of this court dated June 23, 2009, which suspended him for a period of five years and, upon renewal and/or reargument, amending that opinion and order by modifying the level of discipline imposed as the court may deem just or proper or, in the alternative, re-opening the disciplinary proceeding with respect to the testimony of Christina Lopez, a witness who had testified on the respondent's behalf. By opinion and order of this court dated June 23, 2009, the respondent was suspended for a period of five years as a result of a disciplinary proceeding in which seven charges of professional misconduct were sustained. These included failure to properly identify his attorney escrow account, failure to safeguard funds entrusted to him in breach of his fiduciary duty, simultaneously representing parties with differing interests, representing a party against a former client in a substantially related matter, neglecting legal matters entrusted to him, and conduct involving fraud, deceit or misrepresentation. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on May 26, 1999, under the name Charles James Diven.
Upon the papers submitted in support of the motion and the papers submitted in opposition thereto, it is
ORDERED that the motion is granted to the extent that leave to renew/reargue is granted; and it is further,
ORDERED that upon renewal/reargument the original determination is adhered to and the respondent's motion is denied in all other respects.
PRUDENTI, P.J., MASTRO, RIVERA, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court