In re Sokoloff

95 A.D.3d 254, 944 N.Y.S.2d 562
CourtAppellate Division of the Supreme Court of the State of New York
DecidedApril 24, 2012
StatusPublished
Cited by2 cases

This text of 95 A.D.3d 254 (In re Sokoloff) 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 Sokoloff, 95 A.D.3d 254, 944 N.Y.S.2d 562 (N.Y. Ct. App. 2012).

Opinion

OPINION OF THE COURT

Per Curiam.

The respondent was served with a petition containing five charges of professional misconduct. After a hearing, the Special Referee sustained charges one through four, but did not sustain charge five. The Grievance Committee for the Tenth Judicial District (hereinafter the Grievance Committee) moves to confirm the report of the Special Referee. The respondent cross-moves to confirm that portion of the report which did not sustain charge five; to disaffirm that portion of the report which sustained charges one through four; and to limit the sanction imposed, if any, to an admonition. The charges emanate from a common set of factual allegations stemming from the respondent’s handling of a collection matter on behalf of Eastern Infectious Disease Associates (hereinafter EIDA), against Diana Manor and Joseph Manor (hereinafter together the Manors).

On or before February 20, 2006, the respondent was retained by EIDA, a Suffolk County entity, to collect payment of a $307 debt allegedly owed to EIDA by the Manors. At or around that time, the respondent caused to be mailed a computer-generated form letter (hereinafter the first dunning letter), addressed to the Manors at their Coram residence, advising them that he had been retained by EIDA to recover the alleged $307 debt. Pursuant to the Fair Debt Collection Practices Act (15 USC § 1692k), the first dunning letter advised the Manors, in part, as follows:

“Unless you notify this office within 30 days after receiving this notice that you dispute the validity of the debt or any portion thereof, this office will assume this debt is valid. If you notify this office in writing within 30 days from receiving this notice, [256]*256this office will obtain verification of the debt or obtain a copy of a judgment and will mail you a copy of such verification or judgment.”

On or about February 24, 2006, the respondent’s office received a letter from the Manors dated February 22, 2006, which, among other things, disputed the validity of the alleged debt.

On or about March 14, 2006, less than 30 days after sending the first dunning letter to the Manors, the respondent caused a second computer-generated form letter (hereinafter the second dunning letter) to be mailed to the Manors at their Coram residence. The second dunning letter stated that no reply had been received to the first dunning letter, and warned the Manors that if reasonable arrangements were not made to satisfy the debt, the account would be reported as delinquent to a credit reporting agency.

On or about March 20, 2006, the respondent’s office received a letter from the Manors dated March 16, 2006, advising that they had, in fact, disputed the debt within the 30-day time limit provided by the first dunning letter, and providing a copy of the return receipt reflecting that the respondent’s office had received their first letter on February 24, 2006.

On or about April 26, 2006, the respondent caused to be prepared a computer-generated summons and verified complaint for an action to be commenced in the First District Court, Suffolk County, entitled Eastern Infectious Disease Assoc. v Manor, under index No. CEC 06-005863 (hereinafter the first action), seeking a judgment against the Manors in the amount of $307. At or about that time, the respondent executed the summons in the first action.

On or about May 1, 2006, Arthur Klein, the president of EIDA, verified the truth of the matters stated in the verified complaint in the first action by executing same before a Suffolk County notary public. On or about May 24, 2006, the respondent forwarded the summons and verified complaint in the first action to a process server for service upon the Manors. Upon information and belief, at all relevant times herein, the respondent used Lawrence Murray Browne, a licensed process server, to effect service in most, if not all, of his Suffolk County collection matters.

On or about July 3, 2006, Browne executed two affidavits of service in the first action, both of which purported that “nail and mail” service of the summons and verified complaint had been effectuated upon the Manors at their Coram residence on [257]*257June 20, 2006, at 1:00 p.m., after two unsuccessful attempts at serving them on June 7, 2006, at 7:25 p.m. and June 13, 2006, at 8:40 p.m., respectively. The two affidavits in the first action also reflected that the summons and verified complaint were mailed to the Manors on June 30, 2006. Browne executed the two affidavits of service in the first action before a notary public using a pseudonym, to wit, “Murray Brown.” The respondent was aware that Browne used the pseudonym “Murray Brown” on affidavits of service prepared in connection with the respondent’s matters. The two affidavits of service were filed with the First District Court, Suffolk County.

On or about July 31, 2006, the respondent’s office was served with a motion brought by the Manors, pursuant to CPLR 3211 (a) (8), to dismiss the first action on the ground of lack of personal jurisdiction due to improper service of the summons and verified complaint. The respondent did not oppose the Manors’ motion to dismiss the first action, which was returnable on August 15, 2006. By order on motion dated September 25, 2006, the First District Court, Suffolk County (Flanagan, J.), granted the Manors’ unopposed motion to dismiss the first action for lack of personal jurisdiction.

On or about October 17, 2006, the respondent prepared a summons and verified complaint in a second action to be commenced in the First District Court, Suffolk County, entitled Eastern Infectious Disease Assoc. v Manor, under index No. CEC 06-0013204 (hereinafter the second action), seeking a judgment against the Manors in the amount of $307. The verified complaint prepared and executed by the respondent in the second action was not a computer-generated form but, rather, a document manually drafted by the respondent specifically for the second action. The respondent executed the summons in the second action and verified the truth of the matters stated in the verified complaint by executing an attorney’s affirmation on the second page of the document. In the attorney’s affirmation, the respondent affirmed, as follows: “The reason this verification is made by me, and not by plaintiff, is that plaintiff is not in Suffolk County, where plaintiffs attorney has his office.” In fact, the respondent’s client and the plaintiff in the second action, EIDA, was located in Suffolk County at all relevant times herein.

On or about November 9, 2006, the respondent caused the summons and verified complaint in the second action to be filed, and an index number to be purchased, in the First District [258]*258Court, Suffolk County. The respondent forwarded the summons and verified complaint in the second action to Browne for service upon the Manors.

On or about January 2, 2007, the respondent received two affidavits of service from Browne dated December 20, 2006, reflecting service of the summons and verified complaint in the second action upon the Manors. The first of the two affidavits of service reflected that “Lawrence M. Browne” purported to have effectuated “nail and mail” service upon Joseph Manor at the Coram residence on December 5, 2006, at 7:48 p.m., after two unsuccessful attempts on “00/00/00” and “00/00/00.” The second of the two affidavits of service reflected that “Lawrence Browne” purported to have served a person of suitable age and discretion, a “Mr.

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

Related

In re Cohen & Slamowitz, LLP
116 A.D.3d 13 (Appellate Division of the Supreme Court of New York, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
95 A.D.3d 254, 944 N.Y.S.2d 562, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-sokoloff-nyappdiv-2012.