Matter of Cheema

230 A.D.3d 760, 218 N.Y.S.3d 147, 2024 NY Slip Op 04316
CourtAppellate Division of the Supreme Court of the State of New York
DecidedAugust 28, 2024
Docket2020-04643
StatusPublished

This text of 230 A.D.3d 760 (Matter of Cheema) 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
Matter of Cheema, 230 A.D.3d 760, 218 N.Y.S.3d 147, 2024 NY Slip Op 04316 (N.Y. Ct. App. 2024).

Opinion

Matter of Cheema (2024 NY Slip Op 04316)
Matter of Cheema
2024 NY Slip Op 04316
Decided on August 28, 2024
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on August 28, 2024 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
MARK C. DILLON, J.P.
COLLEEN D. DUFFY
BETSY BARROS
FRANCESCA E. CONNOLLY
LINDA CHRISTOPHER, JJ.

2020-04643

[*1]In the Matter of Zahra Mushtaq Cheema, a disbarred attorney. Grievance Committee for the Tenth Judicial District, petitioner; Zahra Mushtaq Cheema, respondent. (Attorney Registration No. 5316609)

DECISION & ORDER

Motion by the respondent to vacate an opinion and order of this Court dated December 30, 2020, which disbarred her upon her default in answering a verified petition dated June 12, 2020, and to reopen the proceedings and declare the respondent's verified answer dated December 31, 2020, timely served and filed, nunc pro tunc. By decision and order on motion of this Court dated July 15, 2022, the motion was granted to the extent that the proceeding was reopened and the verified answer dated December 31, 2020, was deemed timely served and filed, nunc pro tunc, the parties were directed to proceed with the disciplinary proceeding upon the charges set forth in the verified petition dated June 12, 2020, the matter was referred to the Honorable Ralph T. Gazzillo, as Special Referee, to hear and report on the charges set forth in the verified petition, and the motion was otherwise held in abeyance in the interim.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the report of the Special Referee dated November 25, 2022, it is

ORDERED that the portion of the motion previously held in abeyance is granted to the extent that the opinion and order of this Court dated December 30, 2020, is recalled and vacated, and the following opinion and order is substituted therefor:

DISCIPLINARY PROCEEDING instituted by the Grievance Committee for the Tenth Judicial District. By opinion and order dated December 30, 2020, the respondent was disbarred by this Court upon her default in answering the petition of charges. By decision and order on motion of this Court dated July 15, 2022, inter alia, the disciplinary proceeding was reopened, and the verified answer dated December 31, 2020, was deemed timely served and filed, nunc pro tunc. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on February 4, 2015.

Catherine A. Sheridan, Hauppauge, NY (Michele Filosa of counsel), for petitioner.

Foley Griffin LLP, Garden City, NY (Thomas J. Foley of counsel), for respondent.

PER CURIAM.

The Grievance Committee for the Tenth Judicial District commenced a formal disciplinary proceeding against the respondent by serving and filing a notice of petition dated June 16, 2020, and a verified petition dated June 12, 2020. By opinion and order dated December 30, 2020, the Grievance Committee's motion to deem the charges in the petition as established based upon her default was granted and the respondent was disbarred, effective immediately (Matter of Cheema, 192 AD3d 88). The respondent subsequently moved to vacate the order of disbarment, and to reopen the proceedings and declare the respondent's verified answer dated December 31, 2020, timely served and filed, nunc pro tunc. By decision and order on motion of this Court dated July 15, 2022, the respondent's motion, was granted to the extent that the proceeding was reopened and the verified answer dated December 31, 2020, was deemed timely served and filed, nunc pro tunc. The matter was referred to the Honorable Ralph T. Gazzillo, as Special Referee, to hear and report. After a hearing on October 14, 2022, the Special Referee filed a report dated November 25, 2022, sustaining all charges. The Grievance Committee now moves to confirm the report of the Special Referee, and impose such discipline upon the respondent as the Court deems just and proper. The respondent, through her attorney, does not oppose the motion to confirm, but submits that a public censure would be the appropriate sanction.

Based upon the totality of circumstances, we find that the respondent's conduct warrants her suspension from the practice of law for a period of five years, effective immediately.

The Petition and Answer

The verified petition contains eight charges of professional misconduct alleging, inter alia, that the respondent neglected client matters, failed to cooperate with the Grievance Committee's investigations, and misused her escrow account. By stipulation of the parties, executed on September 13, 2022, the petition was amended.

Charges one, two, and three, as amended, are based on the same factual allegations:

The Sanchez Complaint

In May 2017, Christopher Sanchez retained the respondent to handle immigration matters for himself and his wife, Barbara V. Torres. In or about July 2017, the respondent filed an Application for Employment Authorization on Torres's behalf with the United States Citizenship and Immigration Services (hereinafter USCIS). In or about August 2017, USCIS rejected Torres's application because it had been submitted with an incorrect payment amount. In or about February 2018, the respondent re-filed the Torres application, which was rejected again in or about March 2018 for having an incorrect payment amount, among other reasons. The respondent did not file a corrected application with USCIS thereafter on behalf of Torres.

The Cipriano Complaint

In or about 2018, Rusana Cipriano retained the respondent to represent her in an uncontested divorce action and in a citizenship matter. The respondent neither commenced the divorce action nor filed a citizenship application on Cipriano's behalf. The respondent did not promptly respond to Cipriano's requests for information about her legal matters. On April 25, 2019, Cipriano obtained a fee-dispute arbitration award against the respondent in the sum of $3,306.25. The respondent had not satisfied the arbitration award as of the date of the verified petition.

The Canizales Complaint

In or about October 2018, Christina Canizales and her husband, Andres Narciso Grullan Bencosme, retained the respondent to file an immigration application on Bencosme's behalf. The respondent was paid the sum of $4,260, representing the legal and filing fees. The respondent did not file an application and did not promptly respond to Canizales's requests for information about the immigration matter.

The Gayle Complaint

In or about July 2018, Marlan N. Gayle retained the respondent to handle his citizenship application. The respondent did not file a citizenship application on Gayle's behalf and did not promptly respond to his requests for information about his case. By letter to the respondent dated December 17, 2018, Gayle's new attorney, Marsha S. Whyte, requested a full refund of the $1,525 that Gayle had paid the respondent. The respondent did not respond to Whyte's request for a refund.

The Gomez Complaint

In or about July 2018, Luis R. Gomez retained the respondent to handle his [*2]citizenship application.

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Related

Matter of Cheema
2020 NY Slip Op 08113 (Appellate Division of the Supreme Court of New York, 2020)

Cite This Page — Counsel Stack

Bluebook (online)
230 A.D.3d 760, 218 N.Y.S.3d 147, 2024 NY Slip Op 04316, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-cheema-nyappdiv-2024.