Not Strikingly Inconsistent
Reciprocal discipline was imposed by the New York Appellate Division for the First Judicial Department for a sanction imposed in New Jersey for misconduct in a matter involving Respondent’s child
Here, respondent, among other things, (1) removed his two or three-year old daughter from Kentucky to New Jersey without the mother’s consent, requiring the mother to file an emergency motion in Kentucky and retain counsel in two jurisdictions; (2) filed an amended complaint in a previously dismissed New Jersey proceeding without first seeking leave from the court; (3) issued three subpoenas, captioned under the dismissed proceeding, on the mother’s former and current employers and failed to serve the mother or her counsel with a copy of the subpoenas; (4) entered into an agreement with the mother requiring her to withdraw her disciplinary complaints against him; and (5) refused to withdraw the improper subpoenas and appeal in New Jersey.
Under the circumstances, reciprocal discipline consistent with that imposed by the New Jersey Supreme Court, i.e., a one-month suspension from the practice of law, is not “strikingly inconsistent with this Court’s own precedent involving similar misconduct” (Matter of Jauregui, 175 AD3d 34, 38 [1st Dept 2019]).
(Mike Frisch)