In re Ackerman

231 A.D.2d 192, 659 N.Y.S.2d 44, 1997 N.Y. App. Div. LEXIS 6141
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJune 9, 1997
StatusPublished
Cited by2 cases

This text of 231 A.D.2d 192 (In re Ackerman) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Ackerman, 231 A.D.2d 192, 659 N.Y.S.2d 44, 1997 N.Y. App. Div. LEXIS 6141 (N.Y. Ct. App. 1997).

Opinion

OPINION OF THE COURT

Per Curiam.

In this proceeding, the respondent was charged with eleven allegations of professional misconduct. The Special Referee sustained Charges One, Two and Four through Eleven. The Grievance Committee moves to confirm the Special Referee’s report with respect to the 10 charges which were sustained and to disaffirm with respect to Charge Three, which was not sustained. The respondent cross-moves to disaffirm the Special Referee’s report with respect to Charges Two, Four, Five, Six, Seven, Nine and Eleven and to order the matter sealed with respect to evidence tendered on mitigation.

Charge One alleged that the respondent neglected a legal matter entrusted to him, in violation of Code of Professional Responsibility DR 6-101 (A) (3) (22 NYCRR 1200.30 [a] [3]).

In or about December 1991, the respondent commenced representing Anthony Ciarletta in an uncontested divorce proceeding. The respondent filed divorce papers on behalf of his client in or about February 1992. By letter dated April 13, 1992, the court notified the respondent that it was unable to render a decision without further specified documentation. The respondent never submitted this additional information. By decision and order dated July 23, 1992, the court denied the motion seeking a judgment of divorce and noted that the papers submitted were "woefully inadequate.” The respondent neither filed the papers requested by the court nor concluded this matter.

Charge Two alleged that the respondent neglected a legal matter entrusted to him, in violation of Code of Professional Responsibility DR 6-101 (A) (3) (22 NYCRR 1200.30 [a] [3]), by failing to serve relevant papers.

The respondent commenced representing Hesham Eldeib in a divorce action in or about February 1992. At his appearance at the Grievance Committee’s offices on October 29, 1992, the respondent testified that he failed to serve the verified complaint and notice of motion for a default judgment on the defendant wife.

Charge Four alleged that the respondent engaged in conduct prejudicial to the administration of justice, in violation of Code of Professional Responsibility DR 1-102 (A) (5) (22 NYCRR 1200.3 [a] [5]).

[194]*194In or about February 1992, the respondent filed divorce papers in Westchester County setting forth that there were no children as a result of his client’s marriage. Although the respondent subsequently learned that his client may have had children as a result of the marriage, he failed to withdraw the papers he had filed.

Charge Five alleged that the respondent engaged in conduct prejudicial to the administration of justice by failing to comply with a court order, in violation of Code of Professional Responsibility DR 1-102 (A) (5) (22 NYCRR 1200.3 [a] [5]).

By order dated July 9, 1992, the Supreme Court of the State of New York, Westchester County, directed that the Eldeib matter be transferred to the Supreme Court, Bronx County, pursuant to CPLR 510 (1). Pursuant to the order of transfer, the plaintiff was to serve a copy thereof with notice of entry upon the Westchester County Clerk. During his testimony at the Grievance Committee’s offices on October 29, 1992, the respondent admitted that he had not served the Clerk.

Charge Six alleged that the respondent withdrew from employment without taking steps to avoid foreseeable prejudice to the rights of his client, in violation of Code of Professional Responsibility DR 2-110 (A) (2) (22 NYCRR 1200.15 [a] [2]).

The respondent withdrew from employment without serving a copy of that order on the Clerk.

Charge Seven alleged that the respondent neglected a legal matter entrusted to him, in violation of Code of Professional Responsibility DR 6-101 (A) (3) (22 NYCRR 1200.30 [a] [3]).

The respondent represented Kwakuvi Manigar in an uncontested divorce action. During his testimony at the Grievance Committee’s offices on November 25, 1994, the respondent stated that he prepared the divorce papers in June 1993. The respondent testified that these papers were improperly notarized and that he sent a letter to his client informing him of that fact. The respondent did not take any substantial steps to correct these papers until receiving a copy of the Manigar complaint in February 1994. The respondent thereafter notarized the papers which his client and his client’s former wife had re-executed. A judgment of divorce dated August 9, 1994 was issued by the court.

Charge Eight alleged that the respondent neglected a legal matter entrusted to him, in violation of Code of Professional Responsibility DR 6-101 (A) (3) (22 NYCRR 1200.30 [a] [3]).

[195]*195The respondent represented Wilfredo Martinez in an uncontested divorce. After preparing a summons with notice dated January 8, 1993, the respondent failed to take the necessary steps to conclude this matter.

Charge Nine alleged that the respondent engaged in conduct prejudicial to the administration of justice and conduct which reflects adversely on his fitness to practice law, in violation of Code of Professional Responsibility DR 1-102 (A) (5) and (8) (22 NYCRR 1200.3 [a] [5], [8]), by failing to cooperate with an investigation of the Grievance Committee.

In or about January 1995, Wilfredo Martinez filed a complaint alleging, inter alia, that the respondent had neglected his uncontested divorce. On January 31, 1995, Grievance Counsel sent a copy of that complaint to the respondent and requested that he submit an answer to the complaint within 10 days. The letter advised that an unexcused failure to reply to the complaint constitutes professional misconduct independent of the merits of the complaint. The respondent failed to submit a written answer.

On or about February 17, 1995, a second letter was sent to the respondent, via certified mail, directing him to submit an answer within 10 days. The letter advised that failure to reply constitutes professional misconduct independent of the merits and that failure to respond within the 10-day period might cause the Grievance Committee to move for the respondent’s interim suspension, pursuant to 22 NYCRR 691.4. The return receipt indicates a delivery date of February 21, 1995.

In light of the respondent’s failure to answer, a third letter was sent to the respondent, via certified mail, on March 14, 1995, which directed him to answer the complaint within five days. The letter advised that failure to reply to the complaint constitutes professional misconduct independent of the merits of the complaint and that it might result in a motion for the respondent’s immediate suspension. The return receipt indicates a delivery date of March 17, 1995.

On March 20, 1995, Grievance Counsel received an insufficient answer to the complaint from the respondent. On March 21, Grievance Counsel requested that the respondent provide a more detailed answer to the Martinez complaint. On April 5, 1995, Grievance Counsel advised the respondent’s attorney that a more detailed response had not been received. By letter of April 6, a letter memorializing these requests was sent to the respondent’s attorney. An answer was requested within five days. The return receipt indicates a delivery date of April 10. 1995.

[196]*196By letter dated May 16, 1995, Grievance Counsel reminded the respondent that it had not yet received a more detailed answer. To date, the Grievance Committee has not received a more detailed answer.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Frank v. Pepe
186 Misc. 2d 377 (New York Supreme Court, 2000)
In re Gould
253 A.D.2d 233 (Appellate Division of the Supreme Court of New York, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
231 A.D.2d 192, 659 N.Y.S.2d 44, 1997 N.Y. App. Div. LEXIS 6141, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ackerman-nyappdiv-1997.