Stay (Just A Little Bit Longer)

The New York Appellate Division for the Third Judicial Department declined to vacate the stay of a two-year suspension imposed in 2011

Petitioner [disciplinary counsel] now moves for an order vacating the stay of respondent’s suspension and suspending her from the practice of law based upon her failure to timely complete all conditions required by this Court’s order, as well as her failure to herself move to terminate the stayed suspension. Respondent opposes the motion, explaining that physical and cognitive injuries sustained in a July 2012 motor vehicle accident have prevented her from taking and passing the MPRE at this time so that she could successfully seek to end the stayed suspension. Notably, respondent has submitted an uncontradicted affidavit from her treating physician indicating that the “significant symptoms” from her back injuries and postconcussive syndrome currently prevent her from sitting down for an examination at this time, even with significant accommodations.

Disposition

This stayed suspension is upon the conditions that, during the period of the extended stayed suspension, respondent comply with the statutes and rules regulating attorney conduct, not be the subject of any further action, proceeding or application for discipline or sanctions in any court, and take pass the MPRE. Should respondent be the subject of any further disciplinary action during the period of her stayed suspension or fail to complete the MPRE requirement imposed herein, petitioner shall be entitled to move for an order lifting the stay. If, upon expiration of the one-year suspension, the stay issued herein remains in effect, respondent shall apply to this Court for termination of the stayed suspension. Any such application must include proof of respondent’s successful completion of the MPRE requirement imposed herein and must be served upon petitioner, which may be heard thereon. Failure to timely move for termination of the stayed suspension upon expiration thereof may constitute a violation of the conditions imposed herein.

The court extended the stayed suspension for a year. (Mike Frisch)