Unknown To The Doorman

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

In December 2019, the AGC received two separate complaints alleging that respondent, as seller’s counsel, took their buyers’ deposits on separate properties, and failed to provide them with contracts of sale or to refund their deposits. Although complainants made multiple attempts to contact respondent about a completed contract of sale or return of the deposit, neither complainant received a response.

On January 24, 2020, the AGC wrote respondent enclosing copies of the complaints and asking him to submit an answer within 20 days. On February 18, 2020, the AGC received a fax from respondent in which he asked for an additional week or two to investigate the matter because he was overwhelmed with his workload and family responsibilities. By email dated February 18, 2020, the AGC advised him that he had until February 27 to answer both complaints but he failed to do so, despite multiple reminders from the AGC.

On February 9, 2021, this Court issued a judicial subpoena duces tecum requiring respondent to appear on March 29, 2021, for an Examination Under Oath (EUO) and directing him to bring his case files and escrow account records related to the complainants. On March 19, 2021, a process server attempted to personally serve respondent with the subpoena at his OCA registered address but the doorman at the location stated that respondent was “not known” to him. On July 12, 2021, the AGC emailed the subpoena to respondent instructing him to appear on July 25, 2021, for an EUO and again advising him that his continued neglect or lack of cooperation could expose him to a suspension or formal charges.

As of the date of the current motion, respondent has neither contacted the AGC nor provided answers to the two complaints. The complainants’ attorney has also informed the AGC that respondent has failed to contact complainants, nor has he returned their deposits.

The attorney has 20 days to request a post-suspension hearing. (Mike Frisch)