Appellate Division: Second Judicial Department

M142671

E/ct

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

THOMAS A. DICKERSON, JJ.

2012-03343 In the Matter of Steven E. Goldstein, admitted as Steven Eric Goldstein, an attorney and counselor-at-law. Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, petitioner; Steven E. Goldstein, respondent. (Attorney Registration No. 2746634)

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts (1) to suspend the respondent from the practice of law, pursuant to 22 NYCRR 691.4(l)(1)(ii), upon a finding that he is guilty of professional misconduct immediately threatening the public interest in that he has made substantial admissions under oath that he has committed acts of professional misconduct; (2) to authorize the Grievance Committee to institute and prosecute a disciplinary proceeding against the respondent based upon the allegations set forth in a petition dated April 10, 2012; (3) to direct the respondent to answer the petition; and (4) to refer the issues raised to a 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 Second Judicial Department on August 21, 1996, under the name Steven Eric Goldstein.

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

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

ORDERED that pursuant to 22 NYCRR 691.4(l)(1)(ii), the respondent, Steven E. Goldstein, admitted as Steven Eric Goldstein, 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, Steven E. Goldstein, admitted as Steven Eric Goldstein, 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, Steven E. Goldstein, admitted as Steven Eric Goldstein, is commanded to desist and refrain from (1) practicing law in any form, either as principal or agent, clerk, or employee or 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 or 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, Eleventh, and Thirteenth Judicial Districts is hereby authorized to institute and prosecute a disciplinary proceeding in this Court, against Steven E. Goldstein, admitted as Steven Eric Goldstein, based on the petition dated April 10, 2012; and it is further,

ORDERED that Diana Maxfield Kearse, Chief Counsel, Grievance Committee for the Second, Eleventh, and Thirteenth 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 within 20 days after service upon him of a copy of this decision and order on motion, the respondent, Steven E. Goldstein, admitted as Steven Eric Goldstein, 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 any answer thereto are referred to the Honorable Charles J. Thomas, a former Justice of the Supreme Court, Eleventh Judicial District, 50 East 89th Street, Apt. 10-F, New York, N.Y. 10128, as Special Referee to hear and report, together with his findings on the issues, and to submit a report within 60 days after the conclusion of the hearing or the submission of post-hearing memoranda; and it is further,

ORDERED that if the respondent, Steven E. Goldstein, admitted as Steven Eric Goldstein, 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 on admissions that he neglected client matters entrusted to him and engaged in a pattern of deceit, such as fabricating court orders.

In February 2007, Audrey Shipmon retained the respondent to file a lawsuit against tenants who owed back rent. On or about March 2007, the respondent filed a summons and complaint in Civil Court, Bronx County. The respondent failed to serve the defendants with the summons and complaint, and thereafter failed to perform any further work on the matter. In June 2007, knowing that the defendants in the Shipmon matter had not been served, the respondent prepared an affidavit which falsely stated that the defendants were served. The respondent asked Shipmon to sign, notarize, and return the document, which she did. Subsequently, the respondent falsely advised Shipmon that her matter had settled for $42,500. Between June 2008 and February 2009, the respondent issued Shipmon four personal checks, totaling $800, falsely representing to Shipmon that those funds represented a portion of her total settlement.

On January 5, 2008, Arlene Waye retained the respondent to file a lawsuit to collect money based on an arbitration award Waye had won against another realtor. The respondent failed to perform any work on the Waye matter. On or about October 2009, the respondent falsely advised Waye that she was awarded a judgment. The respondent provided Waye with a false document that he created and represented to be an order from the Supreme Court, Kings County, dated October 14, 2009, which reflected that Waye's company was awarded a judgment. He also provided Waye with a false document that he created and represented to be a bank levy dated October 19, 2009, which directed that the judgment be satisfied out of a bank account at Woori American Bank. In addition, he provided Waye with a false document that he created and represented to be an ex parte order from the Supreme Court, Kings County, dated April 9, 2010, which directed Woori American Bank to pay settlement proceeds to Waye and her company. Subsequently, the respondent falsely advised Waye that he received a check from Woori American Bank and that he deposited the check into his escrow account. The respondent provided Waye with a copy of a fabricated check that he had created and represented to be an actual copy of the check he received from Woori American Bank. The respondent continued to falsely advise Waye through June 2010, that although he had received the settlement check, there were banking issues that prevented him from issuing her a check for her portion of the settlement.

In November 2002, Richard Marks retained the respondent on behalf of East 170th Street Corporation, to file a lawsuit for nonpayment of rent. The respondent failed to perform any work on the Marks matter. In August 2009, the respondent falsely advised Marks that he had won a judgment in the amount of $76,851. The respondent provided Marks with a false document that he created and represented to be an order of the Supreme Court, New York County, dated August 11, 2009, which reflected that the Bank of Iowa was in contempt for failing to comply with a previous court order, and directed the bank to pay Marks $76,851. The respondent continued to falsely advise Marks for several months after August 2009, that he was making attempts to collect on the judgment.

In written answers submitted in response to the grievance complaints, the respondent admitted that he failed to serve the defendants in the Shipmon matter and failed to file the necessary documents in the Waye and Marks matters. He admitted that he made misrepresentations to the clients in all three matters, and that at no time did he obtain judgments against any of the defendants. At his examination under oath before the Grievance Committee, he admitted that he fabricated court orders and fabricated judges' signatures.

In mitigation, the respondent testified that he witnessed a close friend die of an aneurysm, while the friend was visiting his home. Traumatized, the respondent slipped into a deep depression and turned to alcohol. The respondent claims that he is now recovered, but has provided no documentation with regards to his post-traumatic stress disorder and alleged recovery.

Based on the foregoing, the motion is granted, the respondent is immediately suspended from the practice of law, pursuant to 22 NYCRR 691.4(l)(1)(ii), pending further order of this Court, the Grievance Committee is authorized to institute and prosecute a disciplinary proceeding against him, and the matter is referred to a Special Referee to hear and report.

MASTRO, A.P.J., RIVERA, SKELOS, DILLON and DICKERSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court