Doctor’s Note

The New York Appellate Division for the First Judicial Department has publicly censured an attorney admitted in 2014

From May 2017 to August 2018, respondent worked full time (8:00 a.m. to 4:00 p.m.) in a nonlegal position as a community coordinator for the City of New York Office of Administrative Trials and Hearings (OATH) in Manhattan. At least once a month respondent took time off to see his doctor in Brooklyn, who treated him for back problems. OATH requires employees who frequently take time off due to medical issues to submit documentation for doctor appointments.

On January 8, 2018, respondent had an 8:00 a.m. appointment but forgot to have his doctor document it. Rather than returning to Brooklyn for a note, respondent fabricated and then submitted to the OATH timekeeping unit a letter purportedly issued by City MD on Court Street, Brooklyn, and signed by respondent’s doctor, who is not associated with City MD, stating that respondent had a scheduled appointment on January 8, 2018. Respondent used his home computer to alter a City MD note from a previous appointment unrelated to his back issue and forged his doctor’s signature. Respondent also prepared a doctor’s note for a colleague, who submitted the note; respondent did not forge a signature on that note. When questioned by OATH, respondent admitted to preparing both notes and disciplinary proceedings were initiated. Shortly thereafter, respondent resigned.

The court considered his candor and the absence of client harn in imposing sanction. (Mike Frisch)