Opinion
2012-09-27
In the Matter of Dennis J. BARRETT, an Attorney. Committee on Professional Standards, Petitioner; Dennis J. Barrett, Respondent.
Peter M. Torncello, Committee on Professional Standards, Albany (Michael K. Creaser of counsel), for petitioner. Dennis J. Barrett, Avon–by–the–Sea, New Jersey, respondent pro se.
Peter M. Torncello, Committee on Professional Standards, Albany (Michael K. Creaser of counsel), for petitioner. Dennis J. Barrett, Avon–by–the–Sea, New Jersey, respondent pro se.
Before: ROSE, J.P., LAHTINEN, STEIN, McCARTHY and EGAN JR., JJ.
PER CURIAM.
Respondent was admitted to practice by this Court in 1983. He was previously admitted in New Jersey in 1977, where he maintains an office for the practice of law.
By order dated July 12, 2011, the New Jersey Supreme Court publicly reprimanded respondent for engaging in professional misconduct involving dishonesty, fraud, deceit or misrepresentation in connection with his mishandling of a real estate transaction. Specifically, he falsely certified the accuracy of the figures listed in the closing documents.
As a result of the discipline imposed in New Jersey, petitioner moves for an order imposing discipline pursuant to this Court's rules ( see22 NYCRR 806.19). Respondent has filed a reply affidavit which we conclude does not establish any of the available defenses to the imposition of discipline ( see22 NYCRR 806.19[d] ), and we therefore grant petitioner's motion.
Having considered all of the circumstances presented, including due consideration of respondent's misconduct and the discipline imposed in New Jersey, we conclude that respondent should be censured in this state ( see e.g. Matter of Macchiaverna, 87 A.D.3d 1176, 929 N.Y.S.2d 197 [2011] ).
ORDERED that petitioner's motion is granted; and it is further
ORDERED that respondent is hereby censured.