Appellate Division: Second Judicial Department

M164065

E/ct

RANDALL T. ENG, PJ

WILLIAM F. MASTRO.

REINALDO E. RIVERA

PETER B. SKELOS

PLUMMER E. LOTT, JJ.

2013-08219 In the Matter of Glen D. Hirsch, an attorney and counselor-at-law. Grievance Committee for the Tenth Judicial District, petitioner; Glen D. Hirsch, respondent. (Attorney Registration No. 2103588)

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Tenth Judicial District to: (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 based upon his failure to cooperate; (2) to authorize the Grievance Committee to institute and prosecute a disciplinary proceeding based upon the allegations set forth in a verified petition dated August 5, 2013; and (3) 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 February 4, 1987.

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, Glen D. Hirsch, 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, Glen D. Hirsch, 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, Glen D. Hirsch, 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 Tenth Judicial District is hereby authorized to institute and prosecute a disciplinary proceeding in this Court, against Glen D. Hirsch, based on the verified petition dated August 5, 2013; and it is further,

ORDERED that Robert A. Green, Chief Counsel, Grievance Committee for the Tenth Judicial District, 150 Motor Parkway, Suite 102, Hauppauge, N.Y. 11788, is hereby appointed as attorney for the petitioner in such proceeding; and it is further,

ORDERED that the issues raised by the verified petition dated August 5, 2013, and any answer thereto, are referred to Norma Giffords, c/o Randazzo & Giffords, P.C., 300 Marcus Avenue, Suite 1E11, Lake Success, N.Y. 11042, as Special Referee to hear and report, and to submit a report, which includes her findings on the issues, within 60 days after the conclusion of the hearing or the submission of post-hearing memoranda; 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, Glen D. Hirsch, shall serve a copy of his answer to the petition upon the Grievance Committee and the Special Referee, and file the original with the Clerk of the Court; and it is further,

ORDERED that if the respondent, Glen D. Hirsch, 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.

On February 4, 2013, the Grievance Committee for the Tenth Judicial District received a notice from the Lawyer's Fund for Client Protection (hereinafter Lawyer's Fund) relative to a check drawn on the respondent's escrow account at Capital One Bank in the amount of $1,106.62 against insufficient funds. By letter dated February 6, 2013, sent via regular mail to the business address listed for the respondent with the Office of Court Administration (hereinafter the OCA), the Grievance Committee requested that the respondent submit a written answer, within 20 days, setting forth an explanation for the foregoing, and provide certain bank and bookkeeping records. The respondent failed to answer. On April 2, 2013, the Grievance Committee sent a letter to the respondent via certified mail, return receipt requested, demanding his written answer to the February 6, 2013 letter, within 10 days. The postal receipt was signed by Sidney Hirsch, and returned to the Grievance Committee. No answer was received. On May 13, 2013, this Court issued a Judicial Subpoena and Subpoena Duces Tecum directing the respondent to appear at the Grievance Committee 's office on June 12, 2013, and to produce certain bank and bookkeeping records. On May 23, 2013, the Grievance Committee served the subpoenas, at the respondent's address, upon Estelle Hirsch, who identified herself as the respondent's mother. Additionally, on or about May 28, 2013, the Grievance Committee mailed copies of the subpoenas to the respondent.

By letter dated June 10, 2013, and received by the Grievance Committee on June 11, 2013, the respondent provided bank records from August 1, 2012, through January 31, 2013, and requested an extension of time to submit records of deposits and withdrawals. The letterhead contained the same address at which the respondent was registered with the OCA, as well as an e-mail address and telephone number. The respondent subsequently failed to appear at the Grievance Committee's offices on June 12, 2013, as required. After waiting approximately one hour, Grievance Committee counsel telephoned the respondent, and left a message advising him that his appearance was required, but that the matter was being adjourned until July 9, 2013.

On June 12, 2013, the Grievance Committee received a second notice from the Lawyer's Fund relative to a check drawn on the respondent's escrow account at Capital One Bank in the amount of $4,300 against insufficient funds. In a letter sent via regular first class mail and a separate letter sent via certified mail, return receipt requested, the Grievance Committee demanded written answers, as well as bank and bookkeeping records, with respect to both notices received from the Lawyer's Fund. The respondent was advised that, pursuant to the subpoenas previously served and mailed, copies of which accompanied the foregoing letters, he was required to appear at the Grievance Committee's office on July 9, 2013. The postal return receipt was signed by the respondent, and returned to the Grievance Committee. Nonetheless, no answers were received. On July 9, 2013, the Grievance Committee awaited the respondent's appearance at its offices pursuant to the subpoenas previously served and mailed. However, the respondent neither appeared, nor produced the balance of his bank records, as promised.

The respondent has neither opposed the motion nor submitted any response relative thereto.

Based upon the foregoing, the 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., MASTRO, RIVERA, SKELOS and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court