In re Hunter

120 A.D.2d 214, 508 N.Y.S.2d 176, 1986 N.Y. App. Div. LEXIS 59237
CourtAppellate Division of the Supreme Court of the State of New York
DecidedNovember 13, 1986
StatusPublished
Cited by9 cases

This text of 120 A.D.2d 214 (In re Hunter) 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 Hunter, 120 A.D.2d 214, 508 N.Y.S.2d 176, 1986 N.Y. App. Div. LEXIS 59237 (N.Y. Ct. App. 1986).

Opinion

OPINION OF THE COURT

Per Curiam.

Respondent Donald V. Hunter was admitted to practice on June 22, 1955 as an attorney and counselor-at-law in the State of New York by the Appellate Division of the Supreme Court, Second Judicial Department. At all times relevant herein, he has maintained an office for the practice of law within the First Judicial Department.

Petitioner Departmental Disciplinary Committee moves for an order confirming the findings of fact and conclusions of law of the Hearing Panel that respondent has been guilty of conduct involving fraud, deceit or misrepresentation in violation of Code of Professional Responsibility DR 1-102 (A) (4), conduct prejudicial to the administration of justice in violation of DR 1-102 (A) (5), conduct adversely reflecting on his fitness to practice law in violation of DR 1-102 (A) (6), neglect in violation of DR 6-101 (A) (3), and failing to comply with Judiciary Law § 468-a and Rules of the Chief Administrator of the Courts § 118.1 (22 NYCRR). In that connection, the Hearing Panel reprimanded respondent and forwarded the matter for our consideration with a recommendation that he be disbarred.

The charges against respondent consisted of 16 counts of professional misconduct. Six of these counts alleged that he had failed to answer inquiries involving a complaint filed against him with the attorney disciplinary authorities in Connecticut and, in four instances, failing to submit written responses to complaints filed with the Committee. Seven counts charged respondent with neglecting various legal matters entrusted to him. In another count, it was asserted that respondent, for the purpose of misleading a client and/or third parties, falsely certified in writing that a particular legal proceeding was then pending. In the final two counts, he was charged with failing to file a registration statement with the Office of Court Administration and failing to remit his attorney registration fee.

Although respondent filed an answer denying that he had [216]*216been guilty of any professional misconduct, he did not substantially dispute the factual allegations contained in the notice of charges. The matter was then heard by a Hearing Panel on June 9, 1986, July 14, 1986, and July 21, 1986. At the conclusion of the hearing, one charge was withdrawn and three were dismissed. The remaining 12 charges were sustained. Specifically, it was determined that:

During or about August of 1984, Jean D’Arc Nazzal filed a complaint against respondent with the Grievance Committee for the Stamford-Norwalk Judicial District in Connecticut. On or about September 10, 1984, the Nazzal complaint was forwarded by the Stamford Grievance Committee to respondent with a cover letter requesting that he answer the complaint, but no response was submitted thereto. Thereafter, another letter was sent to him asking that he contact the Grievance Committee. Respondent did not reply to this communication. The Grievance Committee subsequently referred the Nazzal complaint to the Connecticut Statewide Grievance Committee to investigate whether respondent had engaged in the unauthorized practice of law.

On or about November 20, 1984, the Connecticut Statewide Committee sent respondent another copy of the complaint and supplemental information from Ms. Nazzal, together with a cover letter requesting an explanation. Respondent, however, did not respond and also failed to answer a subsequent communication from the Connecticut Committee. As a result, the Deputy Sheriff of Fairfield County, on or about February 14, 1985, personally served him with a letter from the Committee dated February 4, 1985, along with certain enclosures. Respondent also did not reply to this letter. On or about April 19, 1985, the Connecticut Committee wrote to respondent advising him that an investigative hearing had been scheduled for May 6, 1985 with respect to the unauthorized practice of law complaint. Despite receiving notice of the hearing, respondent did not appear.

Although the Connecticut Committee ultimately dismissed the unauthorized practice of law complaint, on or about June 7, 1985, it filed a complaint with the Departmental Disciplinary Committee of this court based upon respondent’s failure to cooperate with the Connecticut Committee. The Departmental Disciplinary Committee thereupon forwarded the Connecticut Committee’s complaint to respondent asking for a response within 20 days. None was forthcoming. On or about August 18, 1985, the Committee sent him a letter reminding [217]*217him of his failure to submit a response to the complaint of the Connecticut Committee. Once again, respondent did not avail himself of the opportunity to reply. On or about August 26, 1985, the Committee wrote yet another letter to respondent giving him additional time to respond. He ignored this communication as well.

On or about July 9, 1985, Charles Nalbone filed a complaint against respondent with the Departmental Disciplinary Committee. The complaint was forwarded to respondent on or about August 19, 1985 with a cover letter directing him to answer within 20 days. He did not submit a response. Consequently, on or about September 10, 1985, the Committee wrote to him advising that he had not yet furnished a reply to the Nalbone complaint and demanding that he submit a response. He did not do so.

On or about July 19,1985, Lorenzo Garullo filed a complaint against respondent with the Departmental Disciplinary Committee. The complaint was forwarded to respondent on or about August 12, 1985 with a cover letter requesting a response. Respondent, consistent as always, did not answer. On or about September 10, 1985, the Committee sent another letter notifying him that he had not yet responded to the Garullo complaint and giving him more time to reply. Once again, no answer was provided.

On or about September 4, 1985, Randy A. Dusek, Esq., filed a complaint against respondent with the Committee. As in the preceding situations, respondent failed to submit any response despite being given several opportunities to do so.

The Hearing Panel also made the following fact findings:

In July of 1983, Ibrahim Nazzal retained respondent to assist Mr. Nazzal and his family in preparing and filing the necessary papers to obtain their United States citizenship. Accordingly, Mr. Nazzal paid respondent the sum of $500 which, represented, inter alia, the latter’s legal fees. The application papers were completed and, on or about October 7, 1983, turned over to respondent, along with a check for $140 to cover the application fees. Respondent, however, did not file the application papers with the Immigration and Naturalization Service. In July of 1984, in the course of a telephone call to the Immigration and Naturalization Service, Ms. Nazzal learned that her and her family’s citizenship application papers had not been filed. The following month, respondent, at Ms. Nazzal’s request, returned all of the original application [218]*218papers. These papers, except for those pertaining to Ibrahim Nazzal, who had died in the interim, were thereafter forwarded to the Immigration and Naturalization Service by Congressman Stewart B. McKinney. On or about January 21, 1985, respondent refunded the legal fees which he had received in July of 1983.

Respondent was retained to represent Charles Nalbone in a hack license and medallion revocation proceeding instituted against Mr. Nalbone by the New York City Taxi and Limousine Commission in or about November of 1981.

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Bluebook (online)
120 A.D.2d 214, 508 N.Y.S.2d 176, 1986 N.Y. App. Div. LEXIS 59237, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-hunter-nyappdiv-1986.