In re Kleiman

107 A.D.2d 241, 486 N.Y.S.2d 230, 1985 N.Y. App. Div. LEXIS 48426
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMarch 14, 1985
StatusPublished
Cited by6 cases

This text of 107 A.D.2d 241 (In re Kleiman) 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 Kleiman, 107 A.D.2d 241, 486 N.Y.S.2d 230, 1985 N.Y. App. Div. LEXIS 48426 (N.Y. Ct. App. 1985).

Opinion

OPINION OF THE COURT

Per Curiam.

Petitioner, Departmental Disciplinary Committee (DDC) for the First Judicial Department, moves for an order, pursuant to the Rules of the Appellate Division, First Department (22 NYCRR 603.4 [d]), confirming a report of a hearing panel, which includes findings of fact, conclusions of law, and a recommendation that respondent, Louis Edwin Kleiman (respondent), should be suspended from practice for a period of two years. In response to DDC’s motion, respondent cross-moves to disaffirm the report, insofar as it: (1) found him guilty of two allegations contained in part two of the first charge; and (2) recommended that he be suspended from the practice of law for two years.

[242]*242Respondent was admitted to practice in the First Judicial Department on October 10, 1972, and he maintained an office for the practice of law in the First Judicial Department during the period covered by the charges.

These disciplinary proceedings were commenced on or about March 16, 1983, by DDC’s service upon respondent of a statement of two charges.

The first charge, which consists of two parts, alleges that, between the years 1977 and 1978, respondent engaged in professional misconduct, within the meaning of this court’s rules § 603.2, which involved dishonesty, deceit and misrepresentation, in violation of Code of Professional Responsibility DR 1-102 (A) (4) and (5), and of DR 7-102 (A) (5).

Part one of the first charge alleges that the respondent engaged in a scheme to defraud the Supreme Court of New York County by knowingly preparing and filing, and/or causing to be prepared and filed, false written instruments, such as summonses with notices, verified complaints, and various affidavits and affirmations, all of which contained false residency information for one or more of the parties involved in 60 matrimonial actions. Respondent knowingly misrepresented this residency information for the purpose of satisfying the venue requirements, then in effect, for bringing actions in New York County.

Furthermore, part two of the first charge alleges that, in four matrimonial actions brought in the Supreme Court of New York County, the respondent prepared and filed, and/or caused to be prepared and filed, affidavits of service, which respondent knew, and/or should have known, contained false statements or false information.

The second charge alleges that between the years 1977 and 1978, respondent engaged in professional misconduct, within the meaning of this court’s rules § 603.2, which involved the dividing of legal fees with a nonlawyer in violation of the Code of Professional Responsibility DR 3-102.

The respondent, through his counsel, timely filed an answer to these charges. In his answer, inter alia, respondent: (1) admitted the allegations set forth in part one of the first charge, which deals with filing false venue information; (2) denied the allegations set forth in part two of the first charge, which deals with filing false affidavits of service. In addition, as to these allegations he asserted the affirmative defense of laches, in that allegedly the DDC’s delay in making these allegations and materially and fundamentally impeded respondent’s ability to [243]*243organize and present his defenses; and (3) denied the allegations set forth in the second charge, which deals with dividing legal fees with lay persons.

After the respondent filed his answer, the DDC staff counsel withdrew the second charge relating to fee splitting with non-lawyers.

The hearing, concerning both parts of the first charge, began on May 23, 1983, before the hearing panel (Panel). The hearing took six sessions and concluded on December 19, 1983. During the hearing, the DDC presented evidence against respondent, in the form of testimony and documents. The defendant put in a defense and it included his own testimony. After all the evidence had been received, the Panel found the respondent guilty of part one of the first charge, which dealt with the respondent’s submission of false residency information, and they found respondent guilty of 2 of the 4 allegations, contained in part two of the first charge, which dealt with the respondent’s submission of false affidavits of service.

In substance, as to the alleged misconduct related to the respondent’s submission of false residency information, the Panel’s guilty finding was substantially based upon the respondent’s own admissions.

Furthermore, as to the two instances of alleged misconduct of the respondent relating to the submission of false affidavits of service, which deal with the cases of Karen Ollard and of Ana L. Ching, the basis for the Panel’s guilty findings are set forth in its report, dated September 11, 1984.

Concerning the Karen Ollard matter, at pages 6 and 7 of the report, the Panel states, in pertinent part: “In connection with his representation of Karen Ollard, the respondent met with Mrs. Eileen Padgett, the mother of his client. At this meeting, the respondent and Mrs. Padgett discussed the matter of her son-in-law having been served with a summons with notice and verified complaint * * * Mrs. Padgett advised the respondent that sometime earlier she had written to her son-in-law asking him to consent to the divorce, but, at no point did she ever serve him with matrimonial papers nor did she ever advise the respondent that she had personally served her son-in-law with matrimonial papers * * * The respondent completed an affidavit of service in his handwritting [sic] containing false statements that Mrs. Padgett had effected personal service on her son-in-law at her place of residence and caused it to be filed with the Supreme Court, New York County, and subsequently secured a judgment of divorce for Mrs. Padgett’s daughter, Karen Ollard” (emphasis supplied).

[244]*244On May 23, 1983, Mrs. Padgett testified before the Panel as follows:

“Question: [by Mr. Joseph Rosenberg, staff attorney of the DDC] Did you at anytime advice [sic] Mr. Kleiman [respondent] that you had served him [Mrs. Padgett’s son-in-law at the time] with papers?

“Answer: [by Mrs. Padgett] No”.

When the respondent testified before the Panel he at no time contended that Mrs. Padgett ever told him that she had served these papers.

Concerning the Ana L. Ching matter, at page 7 of the report, the Panel states, in pertinent part: “In connection with his representation of Ana Ching, the respondent prepared or caused to be prepared an affidavit of service which contained false information that personal service had been effected on the defendant on March 22, 1978 at ‘No. 42 Puerto Limo, San Jose, Costa Rica.’ Said affidavit of service was notarized in the respondents office in New York on the very same day personal service purportedly took place. The respondent, thereafter, prepared and executed an affirmation of regularity by attorney declaring that personal service of her summons had been made upon the defendant outside the State of New York. The respondent subsequently filed the above false affidavit and false affirmation with the Supreme Court, New York County, and secured a judgment of divorce for his client, Ana L. Ching” (emphasis added).

As mentioned, supra, DDC has moved to confirm the Panel’s report in its entirety, while, on the other hand, the respondent has moved to disaffirm part of that report.

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

Related

In re Jagiela
217 A.D.2d 104 (Appellate Division of the Supreme Court of New York, 1995)
In re Goffe
209 A.D.2d 124 (Appellate Division of the Supreme Court of New York, 1995)
In re Friedman
196 A.D.2d 280 (Appellate Division of the Supreme Court of New York, 1994)
In re Glotzer
191 A.D.2d 112 (Appellate Division of the Supreme Court of New York, 1993)
In re Bedell
174 A.D.2d 52 (Appellate Division of the Supreme Court of New York, 1991)
In re Newman
152 A.D.2d 203 (Appellate Division of the Supreme Court of New York, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
107 A.D.2d 241, 486 N.Y.S.2d 230, 1985 N.Y. App. Div. LEXIS 48426, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-kleiman-nyappdiv-1985.