The Sound Of Silence

An attorney’s failure to participate in bar discipline proceedings has led to disbarment by the New York Appellate Division for the First Judicial Department

In July 2018, the Attorney Grievance Committee (the Committee) moved for respondent’s immediate suspension from the practice of law, pursuant to the Rules for Attorney Disciplinary Matters (22 NYCRR) § 1240.9(a)(1) and (3), based on her failure to answer a complaint alleging her involvement in a mortgage rescue scam and to appear for a deposition as directed by judicial subpoena. Respondent did not appear in opposition to the Committee’s motion. Accordingly, by order entered September 20, 2018, this Court immediately suspended respondent from the practice of law until further order of the Court (165 AD3d 45 [1st Dept 2018]).

A notice of entry was served on respondent by priority mail and certified mail return receipt requested, as well as by email. A USPS tracking record shows the priority mailing as “Delivered, In/At Mailbox” and the certified mail as “Delivered, Left with Individual” on September 27 and 28, 2018, respectively. The Committee received back a signed return receipt.

The September 20, 2018 order advised respondent that, inter alia, she may request a post-suspension hearing pursuant to 22 NYCRR 1240.9(c), but she did not do so.

The Committee’s prior notice of motion to suspend contained the following notice:

“PLEASE TAKE FURTHER NOTICE that pursuant to 22 NYCRR 1240.9(b), an attorney who is suspended and who has failed to respond to or appear for further investigatory or disciplinary proceedings within six months from the date of the order of suspension, may be disbarred without further notice.”

The Committee now seeks an order disbarring respondent, pursuant to 22 NYCRR 1240.9(b), on the ground that she was immediately suspended pursuant to 22 NYCRR 1240.9(a)(1) and (3) and has neither responded to nor appeared for further investigatory or disciplinary proceedings within six months from the date of the order of suspension. Although served with this motion, respondent has not submitted a response.

Granted. (Mike Frisch)