Matter of Flood
This text of 217 N.Y.S.3d 255 (Matter of Flood) 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.
Opinion
| Matter of Flood |
| 2024 NY Slip Op 04554 |
| Decided on September 25, 2024 |
| Appellate Division, Second Department |
| Per Curiam. |
| 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 September 25, 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
LAURENCE L. LOVE, JJ.
2024-00739
DISCIPLINARY PROCEEDING instituted by the Grievance Committee for the Tenth Judicial District. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on January 11, 2012.
Catherine A. Sheridan, Hauppauge, NY (Rona I. Kugler of counsel), for petitioner.
PER CURIAM.
OPINION & ORDER
On January 22, 2024, the Grievance Committee for the Tenth Judicial District served the respondent with a notice of petition and a verified petition, both dated January 12, 2024, and duly filed those papers with this Court together with an affidavit of service. The petition contains six charges, alleging that the respondent engaged in conduct prejudicial to the administration of justice by failing to cooperate with two Grievance Committee investigations of two client matters, neglected both of these clients' legal matters, engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation with regard to both clients, and, based on these allegations, engaged in conduct that adversely reflects on the respondent's fitness as a lawyer, in violation of rules 1.3(b) and 8.4(c), (d), and (h) of the Rules of Professional Conduct (22 NYCRR 1200.0). The notice of petition directed the respondent to file his answer to the petition, together with proof of service of the answer upon the Grievance Committee within 20 days after service upon him of the petition. To date, the respondent has neither served nor filed an answer to the petition as directed, nor requested additional time in which to do so.
The Grievance Committee now moves to deem the charges against the respondent established based upon his default and to impose such discipline upon him as this Court deems appropriate. Although the motion papers were served upon the respondent on February 21, 2024, he has neither opposed the instant motion nor interposed any other response thereto.
Accordingly, the Grievance Committee's motion to deem the charges in the petition dated January 12, 2024, established is granted, the charges in the petition are deemed established, and, effective immediately, the respondent is disbarred and his name is stricken from the roll of attorneys and counselors-at-law.
DILLON, J.P., DUFFY, BARROS, CONNOLLY and LOVE, JJ., concur.
ORDERED that the Grievance Committee's motion to deem the charges in the [*2]petition dated January 12, 2024, established is granted; and it is further,
ORDERED that, pursuant to Judiciary Law § 90, effective immediately, the respondent, Edward A. Flood, admitted as Edward Albert Flood, is disbarred, and his name is stricken from the roll of attorneys and counselors-at-law; and it is further,
ORDERED that the respondent, Edward A. Flood, admitted as Edward Albert Flood, shall comply with the rules governing the conduct of disbarred or suspended attorneys (see 22 NYCRR 1240.15); and it is further,
ORDERED that pursuant to Judiciary Law § 90, the respondent, Edward A. Flood, admitted as Edward Albert Flood, shall desist and refrain from (1) practicing law in any form, either as principal or as agent, clerk, or employee of another, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority, (3) giving to another an opinion as to the law or its application or any advice in relation thereto, and (4) holding himself out in any way as an attorney and counselor-at-law; and it is further,
ORDERED that if the respondent, Edward A. Flood, admitted as Edward Albert Flood, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency, and the respondent shall certify to the same in his affidavit of compliance pursuant to 22 NYCRR 1240.15(f).
ENTER:Darrell M. Joseph
Clerk of the Court
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217 N.Y.S.3d 255, 2024 NY Slip Op 04554, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-flood-nyappdiv-2024.