Resigned To Fate

The New York Appellate Division for the Third Judicial Department has imposed reciprocal discipline for sanctions imposed in Florida

Turning to the issue of the appropriate disciplinary sanction, the unchallenged findings reflect respondent’s pattern of dishonest, discourteous and unprofessional conduct directed at members of the court and opposing counsel. Moreover, as a result of his failure to participate in this disciplinary proceeding, respondent has failed to demonstrate any mitigating factors — beyond his lack of disciplinary history. His failure to participate in this proceeding further evidences his lack of interest in his fate as an attorney in this state. Additional aggravating factors include his failure to notify this Court and AGC of the disciplinary action imposed by the Florida 2020 order of suspension in violation of Rules for Attorney Disciplinary Matters (22 NYCRR) § 1240.13 (d) (see Matter of Powers, 181 AD3d 1149, 1149 [2020]), as well as his failure to acknowledge the impropriety of his misconduct.

The court imposed a seven month suspension and

we further condition any future application by respondent for reinstatement in this state upon proof that he has been reinstated to the practice of law in Florida.

(Mike Frisch)