In re Cardoso

200 A.D.2d 42, 612 N.Y.S.2d 446, 1994 N.Y. App. Div. LEXIS 5690
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMay 31, 1994
StatusPublished
Cited by1 cases

This text of 200 A.D.2d 42 (In re Cardoso) 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 Cardoso, 200 A.D.2d 42, 612 N.Y.S.2d 446, 1994 N.Y. App. Div. LEXIS 5690 (N.Y. Ct. App. 1994).

Opinion

[43]*43OPINION OF THE COURT

Per Curiam.

In this proceeding, the respondent was charged with 13 allegations of professional misconduct, two of which were completely withdrawn and one of which was partially withdrawn by the petitioner. The Special Referee sustained Charges One through Eight, as amended, Charges Ten, and Twelve as amended, and Charge Thirteen. The Grievance Committee moved to confirm the report of the Special Referee. The respondent has neither cross-moved to disaffirm the Special Referee’s report nor asserted any position with respect thereto.

Charge One alleged that the respondent failed to cooperate with a legitimate investigation by the petitioner into his alleged professional misconduct. The petitioner received a complaint on or about July 30, 1990, alleging professional misconduct by the respondent. By letter dated August 3, 1990, the petitioner enclosed a copy of the complaint and directed the respondent to submit a written answer to the complaint within 10 days of his receipt of the complaint. Upon the respondent’s failure to submit a written answer, the petitioner sent a certified letter, dated September 4, 1990, again directing the respondent to answer within 10 days. The respondent still failed to answer.

Charge Two alleged that the respondent failed to cooperate with a legitimate investigation by the petitioner into his alleged professional misconduct. The petitioner received a complaint, on or about October 5, 1990, alleging professional misconduct by the respondent. By letter dated October 9, 1990, the petitioner directed the respondent to submit a written answer to that complaint within 10 days. Upon the respondent’s failure to submit a written answer, the petitioner sent a certified letter, dated November 1, 1990, again directing the respondent to answer within 10 days. The respondent still failed to answer.

Charge Three alleged that the respondent failed to cooperate with a legitimate investigation by the petitioner into his alleged professional misconduct. The petitioner received a complaint on or about October 9, 1990, alleging professional misconduct by the respondent. By letter dated October 12, 1990, the petitioner directed the respondent to submit a [44]*44written answer to that complaint within 10 days of his receipt thereof. Upon the respondent’s failure to submit a written answer, the petitioner sent a certified letter, dated November 5, 1990, again directing the respondent to submit a written answer within 10 days. The respondent still failed to answer.

Charge Four alleged that the respondent failed to cooperate with a legitimate investigation by the petitioner into his alleged professional misconduct. The petitioner received a complaint from Donald O. Weinberger, Administrator of the Assigned Counsel Plan for the Second and Eleventh Judicial Districts, on or about November 21, 1990, alleging professional misconduct by the respondent. By letter dated November 27, 1990, the petitioner directed the respondent to submit a written answer to the Weinberger complaint within 10 days. Upon the respondent’s failure to submit a written answer, the petitioner sent a certified letter, dated December 26, 1990, again directing the respondent to submit a written answer within 10 days. The respondent still failed to answer.

Charge Five alleged that the respondent failed to cooperate with a legitimate investigation by the petitioner into his alleged professional misconduct. On or about November 30, 1990, the petitioner received a complaint alleging professional misconduct by the respondent. By letter dated December 5, 1990, the petitioner directed the respondent to submit a written answer to that complaint within 10 days. Upon the respondent’s failure to submit a written answer, the petitioner sent a certified letter, dated December 26, 1990, again directing the respondent to submit an answer. The respondent still failed to answer.

Charge Six alleged that the respondent failed to cooperate with a legitimate investigation by the petitioner into his alleged professional misconduct. On or about July 16, 1991, the petitioner received a complaint alleging professional misconduct by the respondent. By letter dated July 25, 1991, the petitioner directed the respondent to submit a written answer to that complaint within 10 days. Upon the respondent’s failure to submit a written answer, the petitioner sent the respondent a certified letter, dated October 22, 1991, directing the respondent to answer within 10 days. The respondent still failed to answer.

Charge Seven alleged that the respondent failed to cooperate with a legitimate investigation by the petitioner into his alleged professional misconduct. On or about August 5, 1991, [45]*45the petitioner received a complaint alleging professional misconduct by the respondent. By letter dated September 19, 1991, the petitioner directed the respondent to submit a written answer to that complaint within 10 days. Upon the respondent’s failure to submit a written answer, the petitioner sent a certified letter, dated October 22, 1991, directing the respondent to submit an answer. The respondent still failed to answer.

Charge Eight alleged that the respondent failed to cooperate with a legitimate investigation by the petitioner into his alleged professional misconduct. On March 25, 1991, the respondent was examined under oath at the petitioner’s office with respect to numerous complaints of professional misconduct pending against him. The petitioner directed the respondent to produce at the Grievance Committee’s office, no later than April 8, 1991, documents in the respondent’s possession relating to these complaints. The respondent had failed to bring these documents to his investigative appearance. The respondent failed to submit any of the requested documents by April 8, 1991. By certified letter, dated April 22, 1991, the petitioner directed the respondent to submit the subject documents within 10 days. The respondent still failed to comply.

Charge Ten alleged that the respondent failed to keep a client adequately informed of the status of a legal matter. In or about September 1989, the respondent was retained to represent a defendant on an appeal of his judgment of conviction. Between February and November 1990 both the person who retained the respondent and the defendant wrote numerous letters and made numerous telephone calls to the respondent’s office for information on the status of this matter. The respondent failed to answer their letters, return their telephone calls or take any steps to keep them informed of the status of this matter.

Charge Twelve alleged that the respondent, after being assigned by the Assigned Counsel Plan for the Second and Eleventh Judicial Districts to represent indigent clients in criminal cases, engaged in a pattern of neglect of those legal matters entrusted to him.

On or about February 27, 1990, the respondent was assigned to represent a client in Supreme Court, Queens County, under indictment No. 4250/89. The respondent was relieved of that assignment as a result of his neglect of the matter.

On or about April 24, 1989, the respondent was assigned to [46]*46represent another client in Supreme Court, Queens County, under indictment No. 1687/89. The respondent was relieved of that assignment as a result of his neglect of the matter.

On or about March 1, 1990, the respondent was assigned to represent another client in Supreme Court, Queens County, under indictment No. 225/90.

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Related

Attorney Grievance Commission v. Fezell
760 A.2d 1108 (Court of Appeals of Maryland, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
200 A.D.2d 42, 612 N.Y.S.2d 446, 1994 N.Y. App. Div. LEXIS 5690, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-cardoso-nyappdiv-1994.