Matter of Hersh (2025 NY Slip Op 01635)

PROCEDURAL SUMMARY

Application pursuant to 22 NYCRR 1240.10 to resign as an attorney and counselor-at-law. Respondent was admitted to the bar on March 10, 1982, at a term of the Appellate Division of the Supreme Court in the Second Judicial Department. In a separate proceeding, by opinion and order of that Court dated July 8, 2020, respondent was suspended from the practice of law for a period of 18 months, commencing August 7, 2020 (Matter of Hersh, 184 AD3d 310 [2d Dept 2020]).

HEADNOTE

Attorney and Client - Disciplinary Proceedings - Resignation

Inasmuch as resignor's proffered resignation complied with the requirements of 22 NYCRR 1240.10 in that his affidavit attested that the resignation was submitted voluntarily, without coercion or duress, and with full awareness of the consequences, and he acknowledged that the Court's approval of the application would result in the entry of an order disbarring respondent, and that he could not successfully defend himself against charges of professional misconduct if they were predicated upon the matters under investigation, including allegations that he engaged in the unauthorized practice of law while he was a suspended attorney, resignor's resignation was accepted and he was immediately disbarred.

APPEARANCES OF COUNSEL

Courtny Osterling, White Plains, for Grievance Committee for the Ninth Judicial District.

Aidala, Bertuna & Kamins, P.C., New York City (Barry Kamins of counsel), for respondent.

The respondent, John H. Hersh, has submitted an affidavit sworn to on June 4, 2024, in support of his application to resign as an attorney and counselor-at-law (see 22 NYCRR 1240.10). The respondent acknowledges in his affidavit that he is currently the subject of an investigation by the Grievance Committee for the Ninth Judicial District, involving allegations that he engaged in the unauthorized practice of law while he was a suspended attorney. The respondent avers that he cannot successfully defend against the allegations based upon the facts and circumstances of his professional misconduct as described herein.

The respondent also avers that his resignation is freely and voluntarily tendered, without coercion or duress by anyone, and with full awareness of the consequences, including that the Court's acceptance and approval shall result in the entry of an order of disbarment striking his name from the roll of attorneys and counselors-at-law.

The respondent attests that the Grievance Committee's investigation does not include allegations that he willfully misappropriated or misapplied money or property, and therefore, there are no issues of restitution. Notwithstanding the absence of any restitution to be made, the respondent acknowledges that the resignation is submitted subject to any future application that may be made by the Grievance Committee for an order, pursuant to Judiciary Law § 90 (6-a), directing that he make restitution or reimburse the Lawyers' Fund for Client Protection, and he consents to the Court's continuing jurisdiction to make such an order.

The respondent also acknowledges and agrees that pending the issuance of an order accepting his resignation, he will not undertake to represent any new clients or accept any retainers{**237 AD3d at 133} for future legal services to be rendered, and that there will be no transactional activity in any fiduciary account to which he has access, other than for payment of funds held therein on behalf of [*2]clients or others entitled to receive them.

Lastly, the respondent acknowledges that in the event the Court accepts his resignation, the order resulting therefrom and the records and documents filed in relation to the aforementioned allegations, including his affidavit, shall be deemed public records pursuant to Judiciary Law § 90 (10).

The Grievance Committee recommends that the Court grant the respondent's application to resign.

Inasmuch as the respondent's application to resign complies with the requirements of 22 NYCRR 1240.10, the application is granted, and effective immediately, the respondent is disbarred, and his name is stricken from the roll of attorneys and counselors-at-law.

Ordered that the application of the respondent, John H. Hersh, a suspended attorney, to resign as an attorney and counselor-at-law is granted; and it is further,

Ordered that pursuant to Judiciary Law § 90, effective immediately, the respondent, John H. Hersh, a suspended attorney, is disbarred, and his name is stricken from the roll of attorneys and counselors-at-law; and it is further,

Ordered that the respondent, John H. Hersh, shall continue to comply with the rules governing the conduct of disbarred or suspended attorneys (see 22 NYCRR 1240.15); and it is further,

Ordered that pursuant to Judiciary Law § 90, effective immediately, the respondent, John H. Hersh, shall continue to desist and refrain from (1) practicing law in any form, either as principal or as 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 if the respondent, John H. Hersh, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency, and he shall certify to the same in his affidavit of compliance pursuant to 22 NYCRR 1240.15 (f).