In re Leff

20 A.D.3d 96, 795 N.Y.S.2d 679

This text of 20 A.D.3d 96 (In re Leff) 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 Leff, 20 A.D.3d 96, 795 N.Y.S.2d 679 (N.Y. Ct. App. 2005).

Opinion

OPINION OF THE COURT

Per Curiam.

The Grievance Committee served the respondent with a petition dated November 20, 2002, containing 10 charges of professional misconduct. After a hearing, the Special Referee sustained Charges One through Four and Six through Ten, and did not sustain Charge Five. The Grievance Committee now moves to confirm in part and disaffirm in part the report of the Special Referee, and to impose such discipline as the Court deems just and proper. The respondent submitted papers in opposition in which he requests (a) confirmation of the Special Referee’s report, except with respect to Charge Six, which he seeks to have disaffirmed; and (b) imposition of the same discipline as that imposed upon him by the New Jersey Supreme Court, namely, hmiting his discipline to the suspension already imposed and a public censure.

Charge One alleges that the respondent is guilty of engaging in conduct prejudicial to the administration of justice by violating Code of Professional Responsibility DR 1-102 (a) (5) (22 NYCRR 1200.3 [a] [5]) in failing to respond to the lawful demands of a Grievance Committee to submit an answer to allegations of professional misconduct. Specification one alleges that on November 21, 2001, the petitioner received the complaint of Grace Alexander. Specification two alleges that on or about December 5, 2001, the complaint was referred to the Grievance Committee of the Rockland County Bar Association (hereafter the Bar Association) for appropriate action. Specification three alleges that from on or about December 12, 2001, to on or about February 11, 2002, the Bar Association repeatedly [98]*98forwárded. requests to the respondent, both by certified mail and by telephone messages, for an answer to the allegations in the complaint. Specification four alleges that the respondent failed to respond to any of the requests.

Charge Two alleges that the respondent is guilty of engaging in conduct that adversely reflects upon his fitness to practice law in violation of Code of Professional Responsibility DR 1-102 (a) (7) (22 NYCRR 1200.3 [a] [7]) based upon specifications one through four of Charge One.

Charge Three alleges that the respondent is guilty of engaging in conduct prejudicial to the administration of justice in violation of Code of Professional Responsibility DR 1-102 (a) (5) (22 NYCRR 1200.3 [a] [5]) by failing to respond to the lawful demands of a Grievance Committee to submit an answer to allegations of professional misconduct. Specification one restates and realleges specifications one through four of Charge One with the same force and effect as though fully set forth therein. Specification two alleges that as a result of the respondent’s failure’to respond to the requests of the Bar Association, that agency returned the complaint on or about February 11, 2002, to the petitioner. Specification three alleges that on or about February 15, 2002, the petitioner’s investigator personally delivered a letter to the respondent’s home office address requesting that the respondent, inter alia, answer the complaint and explain his failure to respond to the earlier requests of the Bar Association. Specification four alleges that the respondent failed to respond to the petitioner’s request within the time frame provided and the respondent was subpoenaed to appear and give testimony under oath regarding the aforementioned matters.

Charge Four alleges that the respondent is guilty of engaging in conduct adversely reflecting upon his fitness to practice law in violation of Code of Professional Responsibility DR 1-102 (a) (7) (22 NYCRR 1200.3 [a] [7]) by failing to respond to the lawful demands of a Grievance Committee to submit an answer to allegations of professional misconduct based upon specifications one through four of Charge One and specifications two through four of Charge Three.

Charge Five alleges that the respondent is guilty of neglecting a legal matter entrusted to him in violation of Code of Professional Responsibility DR 6-101 (a) (3) (22 NYCRR 1200.30 [a] [3]), by failing to pay property taxes when they became due with funds left with him in escrow by his client. Specification [99]*99one alleges that on or about September 29, 2000, the respondent represented Grace Alexander at a title closing for her purchase of a Newark, New Jersey, home. Specification two alleges that because the third and fourth quarter property taxes had not yet been assessed by the City of Newark, the respondent agreed to hold $1,500 from the transaction’s proceeds in his attorney escrow account and pay the taxes when they became due and certain. Specification three alleges that the respondent failed to ascertain and to pay the amounts due and owing for the taxes and release the amounts necessary to pay same from the escrow he was holding until on or about March 31, 2002.

Charge Six alleges that the respondent is guilty of having failed to render appropriate accounts to his client for funds held for the client in violation of Code of Professional Responsibility DR 9-102 (c) (3) (22 NYCRR 1200.46 [c] [3]), by failing to respond to his client’s inquiries about his failure to pay property taxes from the client’s funds held in escrow based upon specifications one through three of Charge Five. Specification two alleges that although Grace Alexander repeatedly left messages on the respondent’s office and cell telephone voice mail requesting that he call her about the escrowed funds and problems resulting from the tax delinquency matter, the respondent failed to respond to her inquiries at any time prior to March 31, 2002.

Charge Seven alleges that the respondent is guilty of failing to promptly pay and deliver funds in his possession to a third party entitled to receive them, in violation of Code of Professional Responsibility DR 9-102 (c) (4) (22 NYCRR 1200.46 [c] [4]) by failing to respond to his client’s inquiries about his failure to pay property taxes with funds held in escrow for his client based upon specification one through three of Charge Five and specification two of Charge Six.

Charge Eight alleges that the respondent is guilty of engaging in conduct that adversely reflects on his fitness to practice law in violation of Code of Professional Responsibility DR 1-102 (a) (7) (22 NYCRR 1200.3 [a] [7]), by failing to pay property taxes when due with funds held in escrow with him by his client and failing to respond to his client’s inquiries, based upon specifications one through three of Charge Five and specification two of Charge Six.

Charge Nine alleges that the respondent is guilty of engaging in conduct that adversely reflects on his fitness to practice law in violation of Code of Professional Responsibility DR 1-102 (a) [100]*100(7) (22 NYCRR 1200.3 [a] [7]), by failing to respond to the lawful demands of the petitioner for an accounting and explanation about various transactions and money retained in his attorney escrow account during a specified period. Specification one alleges that in or about May 2002, the petitioner conducted an audit and review of the respondent’s attorney escrow account at Interchange Bank, in Montvale, New Jersey, for the period of August 31, 2000, through March 28, 2002, based upon information and records provided to the petitioner by the respondent. Specification two alleges that following an exchange of correspondence regarding the results of the petitioner’s audit and review and the questions raised, the respondent was examined under oath by the petitioner on July 17, 2002.

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Cite This Page — Counsel Stack

Bluebook (online)
20 A.D.3d 96, 795 N.Y.S.2d 679, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-leff-nyappdiv-2005.