In re Broetsky

52 A.D.3d 86, 856 N.Y.S.2d 193

This text of 52 A.D.3d 86 (In re Broetsky) 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 Broetsky, 52 A.D.3d 86, 856 N.Y.S.2d 193 (N.Y. Ct. App. 2008).

Opinion

OPINION OF THE COURT

Per Curiam.

The Grievance Committee for the Ninth Judicial District (hereinafter the Grievance Committee) served the respondent with a petition dated October 24, 2006, containing nine charges of professional misconduct. After a hearing at which the parties agreed to a stipulation of facts, the Special Referee sustained all nine charges. The Grievance Committee now moves to confirm the report of the Special Referee and to impose such discipline upon the respondent as the Court may deem just and proper. Although served with the Grievance Committee’s motion and supporting affirmation on July 27, 2007, the respondent has neither cross-moved nor submitted any papers in reply thereto.

Charge one alleges that the respondent engaged in conduct that is prejudicial to the administration of justice by failing to duly reregister with the Office of Court Administration (hereinafter OCA) as an attorney and counselor-at-law, in violation of Code of Professional Responsibility DR 1-102 (a) (5) (22 NYCRR 1200.3 [a] [5]).

Judiciary Law § 468-a (1) requires that any attorney and counselor-at-law admitted to practice in New York file a biennial registration statement with OCA and pay a fee, unless exempt from payment under statute. Judiciary Law § 468-a (5) states that noncompliance with that section constitutes conduct prejudicial to the administration of justice (see Rules of Chief Admin of Cts [22 NYCRR] § 118.1).

The respondent was required to file a biennial registration statement and pay the fee in or about September 1998 for the [88]*88period 1998-1999. The respondent failed to file his biennial registration statement and pay the applicable fee for that period and all subsequent periods to date.

Charge two alleges that the respondent engaged in conduct that is prejudicial to the administration of justice and/or adversely reflects on his fitness as a lawyer by failing to cooperate with the demands of the Grievance Committee, in violation of Code of Professional Responsibility DR 1-102 (a) (5) and (7) (22 NYCRR 1200.3 [a] [5], [7]).

By letter dated January 24, 2003, the Grievance Committee advised the respondent that he was the subject of a sua sponte complaint based upon his failure to file his biennial registration with OCA and directed him to answer within 10 days explaining his failure to reregister. The letter further demanded that the respondent submit proof of his registration to the Grievance Committee within 60 days.

In view of his failure to comply, the Grievance Committee sent the respondent a letter dated May 1, 2003, directing him to submit an answer within 10 days. By letter dated May 29, 2003, the respondent submitted an answer to the complaint stating that his delinquency was inadvertent.

By letter dated July 8, 2003, the Grievance Committee advised the respondent that OCA records still indicated that he was delinquent and directed him to provide proof of reregistration by July 18, 2003. As of the date of the petition, the respondent failed to do so.

Charge three alleges that the respondent engaged in conduct that is prejudicial to the administration of justice and/or adversely reflects on his fitness as a lawyer by failing to cooperate with the lawful demands of the Grievance Committee, in violation of Code of Professional Responsibility DR 1-102 (a) (5) and (7) (22 NYCRR 1200.3 [a] [5], [7]).

By letter dated October 1, 2003, the Grievance Committee advised the respondent that it had considered the sua sponte complaint initiated against him and, after due deliberation, authorized the issuance of an admonition conditioned upon his reregistering with OCA within 30 days of his receipt of the letter. The Grievance Committee also advised the respondent that if he failed to comply with the condition of the admonition, it would move for his interim suspension and for authorization to institute a disciplinary proceeding.

The respondent failed to comply with the conditions set forth in the letter of admonition. The respondent appeared before the [89]*89Grievance Committee pursuant to subpoena and admitted that he received the conditional letter of admonition and failed to reregister as indicated.

Charge four alleges that the respondent engaged in conduct that is prejudicial to the administration of justice and/or adversely reflects on his fitness as a lawyer by failing to cooperate with the lawful demands of the Grievance Committee, in violation of Code of Professional Responsibility DR 1-102 (a) (5) and (7) (22 NYCRR 1200.3 [a] [5], [7]).

At his appearance before the Grievance Committee on September 21, 2005, the respondent testified that he would bring his OCA registration current within 90 days of that date. His registration remained delinquent as of the date of the petition.

Charge five alleges that the respondent neglected a legal matter entrusted to him, in violation of Code of Professional Responsibility DR 6-101 (a) (3) and DR 1-102 (a) (7) (22 NYCRR 1200.30 [a] [3]; 1200.3 [a] [7]).

By letter dated November 11, 2004, Patti Potash filed a .complaint alleging that the respondent failed to file an infant compromise order with the court in a matter settled in June 2002. By letters dated January 14, 2005, and January 24, 2005, the respondent admitted that failure. He filed an infant compromise order in or about January 2005, 2xh years after the matter was settled.

Charge six alleges that the respondent engaged in conduct that adversely reflects on his fitness as a lawyer by failing to communicate with an attorney in the course of business, in violation of Code of Professional Responsibility DR 1-102 (a) (7) (22 NYCRR 1200.3 [a] [7]).

The respondent failed to communicate with Patti Potash, counsel for an insurance company, despite numerous telephone calls and written communications.

Charge seven alleges that the respondent engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation by misrepresenting to the Grievance Committee the status of lost United States Postal Service money orders, in violation of Code of Professional Responsibility DR 1-102 (a) (4) and (7) (22 NYCRR 1200.3 [a] [4], [7]).

By facsimile dated December 19, 2005, the respondent advised the Grievance Committee that he tendered two United States Postal Service money orders to OCA to bring his registra[90]*90tion current. OCA records do not reflect receipt. By facsimile dated February 6, 2006, the respondent informed the Grievance Committee that he filed a money order inquiry form with the United States Postal Service to track the two money orders. By facsimile dated February 17, 2006, the respondent advised that the United States Postal Service acknowledged his inquiry and advised that a replacement would be made if the checks were not cashed within 60 days.

On May 4, 2006, the respondent informed the Grievance Investigator that he was still trying to resolve the missing money orders with the Postal Service. The respondent received reimbursement for the money orders on or about February 22, 2006. On May 24, 2006, the respondent admitted under oath before the Grievance Committee that he has been dishonest with respect to this matter.

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

Related

§ 468
New York JUD § 468
§ 90
New York JUD § 90

Cite This Page — Counsel Stack

Bluebook (online)
52 A.D.3d 86, 856 N.Y.S.2d 193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-broetsky-nyappdiv-2008.