Too Late To Answer

Disbarment has been imposed by the New York Appellate Division for the Second Judicial Department for an attorney’s default in responding to charges after a deadline was set

The respondent did not comply with the October 6, 2015, deadline. On October 9, 2015, the respondent moved for leave to file a late answer, explaining that his answer, mailed on October 3, 2015, was returned to him undelivered on October 7, 2015. The respondent’s answer, which was attached to the motion, continued to dispute the validity of the judicial subpoenas dated June 19, 2013. Of note, the respondent stated that he had no further desire to practice law.

As a consequence, the Grievance Committee moved to adjudicate the respondent in default based on his failure to file an answer by the October 6, 2015, deadline. The respondent was served with a copy of the motion, by first class mail and certified mail, on October 7, 2015. In opposition to the motion, the respondent argued that the return of his answer was not his fault. The respondent acknowledged that he used the wrong zip code, but claimed that the package still should have been delivered.

In view of the extraordinary history of this case, including the respondent’s failure to cooperate with the Grievance Committee’s investigation of the underlying complaint; the respondent’s refusal to comply with two judicial subpoenas over the course of a 2½-year period; the Court’s adjudication of the respondent in contempt by decision, order, and judgment dated April 22, 2015; and the respondent’s continued contempt to date, since the respondent has not purged himself of contempt, the Grievance Committee’s motion to adjudicate the respondent in default is granted, the charge in the petition is deemed established, and, effective immediately, the respondent is disbarred upon his default, and his name is stricken from the roll of attorneys and counselors-at-law. Were the respondent not in continued contempt of this Court’s directives, his motion for leave to file a late answer would be viewed differently by this Court. Under the circumstances, his motion for leave to file a late answer, and that branch of his separate motion which is for leave to submit an affidavit of resignation are denied.

(Mike Frisch)