Appellate Division: Second Judicial Department

M152692

E/ct

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

THOMAS A. DICKERSON, JJ.

2012-10976 In the Matter of Efrain Ramos, Jr., an attorney and counselor-at-law. Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, petitioner; Efrain Ramos, Jr., respondent. (Attorney Registration No. 2905131)

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)(i), upon a finding that he is guilty of professional misconduct immediately threatening the public interest in that he has failed to submit a written answer to four complaints of professional misconduct, to submit timely answers to other complaints, and to comply with the lawful demands of the Grievance Committee in its investigation of these complaints; (2) to authorize the Grievance Committee to institute and prosecute a disciplinary proceeding against the respondent based upon the allegations set forth in a verified petition dated December 11, 2012; (3) to direct the respondent to submit an answer to 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 19, 1998.

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

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

ORDERED that pursuant to 22 NYCRR 691.4(l)(1)(i), the respondent, Efrain Ramos, Jr., 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, Efrain Ramos, Jr., 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, Efrain Ramos, Jr., 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 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 Efrain Ramos, Jr., based on the verified petition dated December 11, 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 order, the respondent, Efrain Ramos, Jr., 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 Clarence 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, Efrain Ramos, Jr., 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 his failure to cooperate with the investigation of the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts in its investigation of multiple complaints of professional misconduct filed against him.

From November 2009 through October 2012, multiple complaints of professional misconduct were filed against the respondent. Complaints of neglect of legal matters entrusted to the respondent were filed by the following individuals: Claudia Godoy, Kawall Tulsiram, Genoveva Colon, Leoncia Polanco, Frederick Shegog, Eernesto Pimental, Gloria Sobrian, James Bundrige and Sherry Bundrige, and Justina Pizzaro. Maria Sanchez complained that the respondent failed to provide a full accounting of an estate matter he was handling for her, and Larbi Mohammed complained about a disputed fee. Additional, two sua sponte investigations were commenced by the Grievance Committee. The first concerned the respondent's failure to re-register as an attorney for two biennial periods: 2010-2011 and 2012 -2013. The second was commenced upon receipt of a complaint from the United States Bankruptcy Court for the Southern District of New York alleging numerous acts of professional misconduct the respondent committed in the handling of a Chapter 7 bankruptcy matter before that court. A copy of each complaint was forwarded to the respondent with directions to submit a written answer within a specified time period, followed by additional follow-up letters when an answer was not forthcoming.

The respondent was examined under oath on March 14, 2011, and June 19, 2012, regarding these complaints.

Prior to the first examination under oath, the respondent had failed to submit written answers to five of the nine complaints pending at the time, despite repeated directives by the Grievance Committee to do so. By letter dated March 8, 2011, the respondent was directed to bring copies of the five missing, long overdue answers, to the examination under oath scheduled for March 14, 2011. On March 14, 2011, the respondent submitted the five missing answers.

Subsequently, by letter dated May 12, 2011, the respondent was provided with a copy of the complaint from James Bundrige and Sherry Bundrige, and was directed to submit a written answer within 10 days. He failed to do so. Not until two additional letters were sent, and two telephone calls to the respondent's office were made, did the respondent finally submit his written answer on November 4, 2011.

By letter dated December 9, 2011, the Grievance Committee provided the respondent with a status report on the pending complaints, and directed him to provide additional information "forthwith" regarding several of those complaints. He failed to provide that information.

By letter dated January 20, 2012, the respondent was directed to appear for examination under oath on January 31, 2012, and was directed to bring numerous specified documents. The examination under oath was adjourned several times. In the meantime, two additional investigations were commenced against respondent (sua sponte investigation regarding a failure to re-register, and Larbi Mohammed's complaint). Although provided with copies of the complaints and directed to submit written answers thereto, the respondent failed to do so.

The examination under oath was finally scheduled for June 19, 2012. By confirming letter dated May 23, 2012, the respondent was again directed to bring the previously specified documents. By letter dated June 15, 2012, the respondent was directed to bring specified records from his IOLA account relating to a purported $25,000 loan from Maria Sanchez.

The respondent appeared on June 19, 2012, but failed to bring any of the documents or records from his IOLA account. However, he agreed to do so by July 9, 2012. By confirming letter dated June 20, 2012, the respondent was directed to provide those documents, along with his written answer to the sua sponte investigation and to the Mohammed complaint by July 9, 2012. The respondent failed to do so and failed to contact the Grievance Committee by July 9, 2012, and failed to do so after two telephone messages were left on his answering machine.

By letter dated July 19, 2012, the responded was provided with a copy of the complaint received from Justina Pizzaro. Although directed to submit a written answer, he failed to do so.

Despite two letters dated July 25, 2012, and September 4, 2012, sent certified mail, directing the respondent to call the Grievance Committee's office, he failed to do so. He was advised in each letter that failure to cooperate constituted professional misconduct independent of the merits of the underling complaints, and that his immediate suspension might be sought if he continued to fail to cooperate. On September 13, 2012, in a telephone conversation initiated by the Chief Counsel, Diana M. Kearse, the respondent was directed to provide the previously specified documents and records from his IOLA account, and to submit his outstanding written answers, by October 15, 2012. A confirming letter was sent on September 13, 2012. The respondent failed to provide these documents by October 15, 2012, and failed to contact the Grievance Committee in any manner.

By letter dated October 31, 2012, the respondent was advised that a second sua sponte investigation was begun on the basis of a complaint from the United States Bankruptcy Court for the Southern District of New York. The respondent was directed to submit a written answer to the complaint by November 13, 2012, but he failed to do so.

Although personally served with a copy of the Grievance Committee's motion on December 17, 2012, the respondent has not submitted a response or requested additional time in which to do so.

Based on the foregoing, the Grievance Committee's motion is granted, the respondent is immediately suspended from the practice of law, pursuant to 22 NYCRR 691.4(l)(1)(i), 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.

ENG, P.J., RIVERA, SKELOS, DILLON and DICKERSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court