In re Rivet

Appellate Division of the Supreme Court of New York

In re Rivet

70 A.D.2d 626, 417 N.Y.S.2d 737, 1979 N.Y. App. Div. LEXIS 12060

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 18, 1979

StatusPublished

This text of 70 A.D.2d 626 (In re Rivet) 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 Rivet, 70 A.D.2d 626, 417 N.Y.S.2d 737, 1979 N.Y. App. Div. LEXIS 12060 (N.Y. Ct. App. 1979).

Pincite

Opinion

— In this proceeding to discipline an attorney upon charges of professional misconduct, respondent has failed to appear or to answer the petition herein containing the charges, although' the time to do so has expired. Respondent was personally served in this matter. Petitioner further moved for a default judgment on the ground that respondent failed to appear or to answer the afore-mentioned petition. Although served with the notice of motion for a default judgment, respondent failed to answer. Respondent was admitted to practice as an attorney by the Appellate Division of the Supreme Court, First Judicial Department, on March 14, 1955. The charges are that respondent, inter alia, (1) neglected to prosecute a client’s matter after accepting a $250 retainer; (2) failed to pay over money given to him by his client in settlement of a claim by a department store against the client; and (3) failed to co-operate with the Rockland County Bar Association’s Grievance Committee and the petitioner grievance committee in their respective investiga[627]*627tions of these complaints. The charges, if established, would require respondent’s disbarment. Since he has chosen not to deny the charges and not even to appear in this proceeding, the charges must be deemed established. Petitioner’s motion is therefore granted. Respondent is unfit to be a member of the Bar. He is disbarred and his name is ordered removed from the roll of attorneys and counselors at law, effective forthwith. Mollen, P. J., Hopkins, Damiani, Titone and Mangano, JJ., concur.

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— In this proceeding to discipline an attorney upon charges of professional misconduct, respondent has failed to appear or to answer the petition herein containing the charges, although' the time to do so has expired. Respondent was personally served in this matter. Petitioner further moved for a default judgment on the ground that respondent failed to appear or to answer the afore-mentioned petition. Although served with the notice of motion for a default judgment, respondent failed to answer. Respondent was admitted to practice as an attorney by the Appellate Division of the Supreme Court, First Judicial Department, on March 14, 1955. The charges are that respondent, inter alia, (1) neglected to prosecute a client’s matter after accepting a $250 retainer; (2) failed to pay over money given to him by his client in settlement of a claim by a department store against the client; and (3) failed to co-operate with the Rockland County Bar Association’s Grievance Committee and the petitioner grievance committee in their respective investiga[627]*627tions of these complaints. The charges, if established, would require respondent’s disbarment. Since he has chosen not to deny the charges and not even to appear in this proceeding, the charges must be deemed established. Petitioner’s motion is therefore granted. Respondent is unfit to be a member of the Bar. He is disbarred and his name is ordered removed from the roll of attorneys and counselors at law, effective forthwith. Mollen, P. J., Hopkins, Damiani, Titone and Mangano, JJ., concur.

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Bluebook (online)

70 A.D.2d 626, 417 N.Y.S.2d 737, 1979 N.Y. App. Div. LEXIS 12060, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-rivet-nyappdiv-1979.