Appellate Division: Second Judicial Department

M305411

KS/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

BETSY BARROS

FRANCESCA E. CONNOLLY

ROBERT J. MILLER, JJ.

2024-09077 In the Matter of Victor M. Feraru, an attorney and counselor-at-law. Grievance Committee for the Tenth Judicial District, petitioner; Victor M. Feraru, respondent. (Attorney Registration No. 5791348)

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Tenth Judicial District to immediately suspend the respondent from the practice of law, pursuant to Judiciary Law § 90 and 22 NYCRR 1240.12(a)(2) and (5), based upon a finding that the respondent is guilty of professional misconduct immediately threatening the public interest, and to refer the issues raised to a Special Referee to hear and report. The Grievance Committee for the Tenth Judicial District commenced this proceeding pursuant to 22 NYCRR § 1240.8 by the service and filing of a notice of petition and verified petition both dated September 12, 2024, and the respondent served and filed a verified answer dated October 30, 2024. Subsequently, the Grievance Committee filed a statement of disputed and undisputed facts dated November 12, 2024, which was not challenged by the respondent. 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 11, 2020.

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 1240.9(a)(2) and (5), the respondent, Victor M. Feraru, 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, Victor M. Feraru, shall promptly 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, during the period of suspension and until further order of this Court, the respondent, Victor M. Feraru, 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 if the respondent, Victor M. Feraru, 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 1240.15(f); and it is further,

ORDERED that pursuant to 22 NYCRR 1240.12(c)(2)(iii) this matter is referred to the Honorable Ralph T. Gazzillo, P.O. Box 196, Aquebogue, NY 11931, as Special Referee, to hear and report, with the hearing to be completed within 60 days of the date of this decision and order on motion, or as soon thereafter as practicable, and the report, which contains the Special Referee's findings on any mitigating or aggravating factors, and a recommendation as to whether the respondent has demonstrated why a final order of public discipline should not be made, to be submitted within 60 days after the conclusion of the hearing or the submission of post-hearing memoranda.

Discussion

We find, prima facie, that the respondent, Victor M. Feraru, is guilty of professional misconduct immediately threatening the public interest based on his admissions under oath and uncontroverted evidence that he, inter alia, engaged in a pattern and practice of neglecting legal matters entrusted to him, failed to promptly comply with clients' reasonable requests for information, engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation by falsely advising clients that he had completed work on their legal matters and by filing false affirmations with the court, failed to promptly pay or deliver to his clients the funds or other properties in his possession that his clients were entitled to receive, and engaged in conduct that adversely reflects on his fitness as a lawyer.

The Grievance Committee initiated formal disciplinary proceedings against the respondent based upon 19 complaints received from the respondent's former clients, all providing details evidencing a pattern and practice of neglect, dishonesty, misrepresentations, failure to communicate and incompetence. The complaints demonstrate that shortly after his admission in 2020, the respondent would take on legal matters, collect fees, perform minimal work, repeatedly misrepresent the status of the matters to his clients, submit false or misleading information to the courts in connection with the client matters, and then fail to communicate with the clients. The respondent's admissions during his examinations under oath demonstrate a pattern of neglect, misrepresentation, and incompetence.

In his opposition papers, the respondent, inter alia, provided mitigating personal circumstances, including his severe health problems. The respondent seeks to minimize his misconduct, characterizing it as inattentiveness and that the claims do not involve venal or intentional misconduct. The respondent "promises" the Court that he would not practice law while he sought help for his health conditions; however, the record demonstrates that this was untruthful. The respondent's misconduct caused several of his clients actual harm leading to case dismissals and default judgments against the clients. One client was evicted from her home.

We find that the Grievance Committee has sufficiently demonstrated that the respondent poses an immediate threat to the public interest based on his pattern and practice of neglect, dishonesty, misrepresentation, failure to communicate and incompetence in handling client matters.

Based on the foregoing, the motion is granted, the respondent is immediately suspended from the practice of law, pursuant to 22 NYCRR 1240.9(a)(2) and (5), pending further order of this Court, and the matter is referred to a Special Referee, to hear and report.

LASALLE, P.J., DILLON, BARROS, CONNOLLY and MILLER, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court