In re Hoppmann

230 A.D.2d 213, 656 N.Y.S.2d 279, 1997 N.Y. App. Div. LEXIS 3445
CourtAppellate Division of the Supreme Court of the State of New York
DecidedApril 7, 1997
StatusPublished
Cited by1 cases

This text of 230 A.D.2d 213 (In re Hoppmann) 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 Hoppmann, 230 A.D.2d 213, 656 N.Y.S.2d 279, 1997 N.Y. App. Div. LEXIS 3445 (N.Y. Ct. App. 1997).

Opinion

OPINION OF THE COURT

Per Curiam.

In this proceeding, the respondent is charged with 13 allegations of professional misconduct. Special Referee Harwood sustained Charges One, Two, Three, Four, Five, Eight, Nine, and Ten of the original petition and Charge Two of the first supplemental petition. The Grievance Committee now moves to confirm the Special Referee’s report to the extent that it sustained Charges One, Two, Three, Four, Five, Eight, Nine, and Ten of the original petition and Charge Two of the first supplemental petition and dismissed Charge Six of the original petition and Charge One of the second supplemental petition. The Grievance Committee also moves to disaffirm the report to the extent that it fails to sustain Charge Seven of the original petition and Charge One of the first supplemental petition. The respondent cross-moves to confirm the Special Referee’s report in all respects except with respect to Charges Two, Three, and Nine of the original petition and Charge Two of the first supplemental petition, which, she contends, should be dis-affirmed.

The original petition contains 10 charges which relate to the respondent’s conduct in representing three different clients. The first five charges relate to the respondent’s retainer by Gerardo Fischetti to represent the interests of Mr. Fischetti’s late father, Feliciantonio Fischetti.

The respondent was retained by Gerardo Fischetti to represent his father’s estate in or about November 1986. After opening an estate account, the respondent failed to take any action to pay the taxes owed by the estate. After receiving notices from the New York State Department of Taxation and Finance in March and April 1991 that the estate owed $32,686.01 in [215]*215estate taxes, interest, and penalties, Mr. Fischetti directed the respondent to resolve the matter immediately. After failing to take steps to resolve the matter, respondent assured Mr. Fischetti, on or about April 29, 1992, that she would provide him with answers to his numerous questions about the estate. Mr. Fischetti retained another attorney, John F. Grandinetti, to represent the estate.

By letter dated July 20, 1992, Mr. Grandinetti requested that the respondent contact him regarding the estate. The respondent failed to reply until October 27, 1992, when she promised to contact him after Election Day. The respondent then failed to contact Mr. Grandinetti or to return his numerous telephone calls. Moreover, she did not reply to Mr. Grandinetti’s letters of December 12, 1992, and January 25, 1993, in which Mr. Grandinetti requested a meeting with the respondent and demanded a copy of the estate tax return by February 15, 1993.

By letter dated February 22, 1994, Mr. Grandinetti informed the respondent that the estate tax and interest had been paid by the estate on September 21,1993, that the $2,525.33 penalty for late payment had been waived, and that the respondent was required to reimburse the estate for $7,099.39 in interest accrued as a result of her failure to act on the estate’s behalf. The respondent failed to reimburse the estate for the interest.

By letter dated July 5, 1994, Mr. Grandinetti advised the respondent that he had recalculated the amount of interest owed by her to the estate to be $5,215.34. The respondent failed to reply to the letter or to reimburse the estate. The respondent further failed to reply to Mr. Grandinetti’s follow-up letter of January 26, 1995.

By letter dated February 11, 1995, the respondent assured Mr. Grandinetti that she would review her file and communicate with him after March 6, 1995. She, nevertheless, failed to do so.

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

Charge Two alleged that the respondent intentionally failed to carry out a contract of employment entered into with Gerardo Fischetti for professional services, in violation of Code of Professional Responsibility DR 7-101 (A) (2) (22 NYCRR 1200.32 [a] [2]).

[216]*216Charge Three alleged that the respondent intentionally prejudiced and damaged Gerardo Fischetti during the course of their professional relationship, in violation of Code of Professional Responsibility DR 7-101 (A) (3) (22 NYCRR 1200.32 [a] [3]).

Charge Four alleged that the respondent failed to maintain adequate communication with Gerardo Fischetti, which adversely reflected on her fitness to practice law in violation of Code of Professional Responsibility DR 1-102 (A) (8) (22 NYCRR 1200.3 [a] [8]).

Charge Five alleged that respondent failed to maintain adequate communication with a fellow attorney, John F. Grandinetti, which adversely reflected on her fitness to practice law in violation of Code of Professional Responsibility DR 1-102 (A) (8) (22 NYCRR 1200.3 [a] [8]).

Charge Seven relates to a divorce action between James Stone and Kathleen M. Stone, the respondent’s client, which was commenced in or about November 1991.

The parties entered into a stipulation of settlement on or about January 22, 1993, which established Mrs. Stone’s counterclaim as the basis for the divorce. The respondent prepared the documents necessary for a judgment of divorce and obtained a note of issue in the Supreme Court, Kings County. The respondent was informed, on or about March 10, 1993, that the papers she submitted were rejected by the court. She failed to take any subsequent action to obtain the divorce.

By letter dated May 6, 1993, Gale Masullo, Mr. Stone’s attorney, requested that the respondent provide her with information about the status of the divorce. The respondent failed to reply to Ms. Masullo’s letter. Moreover, she did not return any of the numerous telephone calls placed to her law office by Ms. Masullo between May 6 and May 19, 1993.

As a result of the respondent’s failure to resubmit the uncontested divorce documents and to answer her telephone calls, Ms. Masullo moved in the Supreme Court, Kings County, on or about May 20,1993, to compel the respondent to resubmit the necessary documents.

Charge Seven alleged that the respondent failed to maintain adequate communication with a fellow attorney, Gale Masullo, which adversely reflected on her fitness to practice law in violation of Code of Professional Responsibility DR 1-102 (A) (8) (22 NYCRR 1200.3 [a] [8]).

Charges Eight through Ten relate to the complaint of Aileen Kevane, who retained the respondent to represent the interests [217]*217of the estate of her late mother, Aileen C. Bolkcum, in or about June 1990.

By letter dated February 21, 1991, the respondent informed Ms. Kevane of the status of the Bolkcum estate. The respondent failed to return Ms. Kevane’s numerous telephone calls or to reply to Ms. Kevane’s August 26, 1991 letter requesting information about the status of the estate. In or about September 1991, the respondent assured Ms. Kevane that the Bolkcum estate would be settled in a few months. She thereafter took no further action on behalf of the estate. From approximately September 1991 to approximately March 1993, the respondent failed to return Ms. Kevane’s numerous telephone calls requesting information about the status of the estate. In or about March 1993, Ms. Kevane retained another attorney, George McPhillips, to represent the Bolkcum estate.

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Bluebook (online)
230 A.D.2d 213, 656 N.Y.S.2d 279, 1997 N.Y. App. Div. LEXIS 3445, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-hoppmann-nyappdiv-1997.