The New York Appellate Division for the First Judicial Department disbarred an attorney

By order entered July 18, 2007, this Court granted a motion by the Attorney Grievance Committee (Committee), seeking respondent’s interim suspension from the practice of law based on his failure to cooperate with the Committee’s investigation of three complaints, including one involving eight dishonored checks, totaling more than $56,000, drawn against his law firm’s IOLA account.

Respondent now seeks an order, pursuant to the Rules for Attorney Discipline Matters (22 NYCRR) § 1240.10, approving his resignation and disbarring him from the practice of law. The Committee does not oppose the motion.

Respondent acknowledges that the allegations against him include willful misappropriation of client funds and that he cannot successfully defend himself against the allegations based upon the facts and circumstances of his professional misconduct as described herein; and he submits his resignation freely and voluntarily, without coercion or duress, and with full awareness of the consequences, including that the Court’s acceptance and approval shall result in the entry of an order of disbarment striking his name from the roll of attorneys. Respondent submits his resignation subject to any application that may be made pursuant to Judiciary Law § 90(6-a), directing that he make monetary restitution or reimburse the Lawyers’ Fund for Client Protection, and consents to the continuing jurisdiction of the Appellate Division to make such an order.