Interim Suspension Imposed

The New York Appellate Division for the First Judicial Department has imposed an interim suspension of an attorney

On March 5, 2024, the Attorney Grievance Committee (AGC) received a complaint from V.N., respondent’s former residential landlord, alleging that she had obtained two default judgments against respondent based on his nonpayment of rent. The first judgment was for possession of the leased premises, and the second was a monetary judgment for $238,422.51. On April 10, 2024, the AGC directed respondent to respond to the complaint. In lieu of a signed answer, respondent emailed the AGC on April 30, 2024, and alleged that he “never received notice to appear and/or any communication from the court related to an eviction” and “still [had] not received communication about the final order from the court.” On May 9, 2024, V.N. disputed respondent’s answer.

In his April 30, 2024 email, respondent stated his intent to file an appeal in a Criminal Court matter identified by docket number only. Respondent did not report to the AGC, as required by Judiciary Law § 90(4)(c) and the Rules for Attorney Disciplinary Matters (22 NYCRR) § 1240.12(a), that he was convicted in March 2019, after trial, for stalking in the fourth degree (Penal Law § 120.45[1],[3]), a class B misdemeanor, and harassment in the second degree (Penal Law § 240.26[3]), a violation. Respondent never reported that he was sentenced to a conditional discharge with one-year probation.

In July of 2024, respondent claimed that information regarding V.N.’s pending civil case and his criminal conviction was unavailable because “courts and agencies” refused to provide him with documents to which he was entitled. Respondent declined to respond to the AGC’s request for a supplemental statement regarding his conviction and the names of the court and agency allegedly withholding information from him. The AGC gave respondent additional time to respond and advised him that it would seek a judicial subpoena if the requested supplemental statement with supporting documentation was not provided by September 9, 2024. Respondent was cautioned that failure to cooperate with the AGC would potentially lead to his interim suspension.

Upon receiving a September 20, 2024 email from an AGC investigator asking whether respondent would accept service of a judicial subpoena by email, respondent asked to be referred to a supervisor to make “a human rights abuse claim.” The AGC advised respondent that he was obligated to cooperate with the AGC’s investigation and provide a written and signed answer, which was long overdue.

A judicial subpoena was sought by the AGC

Although respondent was informed of the date and time of his examination under oath, he failed to appear as directed. The AGC subsequently rescheduled the deposition for December 13, 2024. On the date of his deposition, respondent appeared pro se and claimed he was doing so “as a courtesy,” notwithstanding the judicial subpoena directing his appearance. After respondent’s request for a second adjournment was denied, he refused to answer any questions, conducted himself unprofessionally, and terminated the remote link. Following the deposition, respondent emailed the AGC and alleged constitutional violations that, in his view, the AGC was obligated to investigate. Respondent averred that a gag order issued by the Family Court implicated V.N. and thereby prevented him from addressing her complaint. He further asserted that “[a]ny other communication going forward from [Staff Counsel] personally will be considered harassment and intimidation.” Thereafter, respondent did not appear for a deposition, nor did he comply with the AGC’s investigative demands.

Order

We find that the AGC has met its burden, and respondent should be immediately suspended pursuant to NYCRR 1240.9(a)(1) and (3). The record evidence established that respondent refused to appear for a deposition, failed to produce specified documents as directed by judicial subpoena, and failed to comply with the AGC’s investigative demands (see Matter of Hooker, 229 AD3d 22 [1st Dept 2024]; Matter of Tessler, 215 AD3d 61 [1st Dept 2023]).

(Mike Frisch)