Matter of Fineberg
2006 NY Slip Op 00938 [28 AD3d 48]
February 3, 2006
Per Curiam, J.
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 24, 2006


[*1]
In the Matter of Lawrence J. Fineberg, an Attorney, Respondent. Grievance Committee of the Eighth Judicial District, Petitioner.

Fourth Department, February 3, 2006

APPEARANCES OF COUNSEL

Margaret C. Callanan, Principal Counsel, Eighth Judicial District Grievance Committee, Buffalo, for petitioner.

Lawrence J. Fineberg, University Park, Florida, respondent pro se.

{**28 AD3d at 48} OPINION OF THE COURT

Per Curiam.

{**28 AD3d at 49}Respondent was admitted to the practice of law by this Court on January 10, 1991, and was formerly employed in Buffalo. Respondent currently resides out of state. The Grievance Committee filed a petition charging respondent with acts of misconduct based upon his repeated failure to comply with attorney registration requirements. Respondent failed to file an answer to the petition. The Grievance Committee thereafter filed a motion for an order finding respondent in default. Respondent filed no papers in response to the motion and did not appear before this Court on the return date of the petition. Consequently, we find respondent in default and deem the allegations of the petition to be admitted.

We conclude that respondent violated the following Disciplinary Rules of the Code of Professional Responsibility:

DR 1-102 (a) (5) (22 NYCRR 1200.3 [a] [5])—engaging in conduct that is prejudicial to the administration of justice; and

DR 1-102 (a) (7) (22 NYCRR 1200.3 [a] [7])—engaging in conduct that adversely reflects on his fitness as a lawyer.

We have considered, in mitigation, that respondent has satisfied outstanding attorney registration fees. Accordingly, we conclude that respondent should be censured.

Scudder, J.P., Gorski, Green, Pine and Hayes, JJ., concur.

Order of censure entered.