From Casetext: Smarter Legal Research

In re Nicotera

Supreme Court of Ohio
Dec 9, 1992
602 N.E.2d 612 (Ohio 1992)

Opinion

No. 92-1486

Submitted September 15, 1992 —

Decided December 9, 1992.

ON CERTIFIED ORDER of the Supreme Court of New York, Appellate Division, Third Judicial Department.

Respondent, Thomas C. Nicotera, is an attorney admitted to the practice of law in Ohio. Since February 5, 1991, he has held inactive status.

On June 15, 1992, Nicotera was censured by the Third Judicial Department of the Appellate Division of the Supreme Court of New York. In re Nicotera (1992), 184 A.D.2d 913, 585 N.Y.S.2d 122. Nicotera's censure stemmed from his neglect of a divorce action entrusted to him; his failure to cooperate with the resulting disciplinary investigation; and his failure to reimburse the investigating authority for certain costs arising from the disciplinary proceedings, despite both a court order and his own agreement to do so. Nicotera admitted most of the allegations against him.

On July 27, 1992, the Disciplinary Counsel filed with this court a certified copy of the New York court's memorandum and order censuring Nicotera, pursuant to Gov.Bar R. V(11)(F)(1). On July 28, 1992, we ordered Nicotera to show cause within twenty days why we should not impose identical or comparable discipline in this state. Nicotera did not respond.


When an attorney admitted to the practice of law in Ohio is disciplined by another jurisdiction, Gov.Bar R. V(11)(F)(4) requires this court to "impose the identical or comparable discipline imposed in the other jurisdiction * * *," unless the attorney proves by clear and convincing evidence that such discipline would be unwarranted. Nicotera has not done so. Moreover, his inactive status in Ohio does not preclude discipline. Accordingly, Thomas C. Nicotera is publicly reprimanded. Costs taxed to respondent.

Judgment accordingly.

MOYER, C.J., SWEENEY, HOLMES, DOUGLAS, WRIGHT, H. BROWN and RESNICK, JJ., concur.


Summaries of

In re Nicotera

Supreme Court of Ohio
Dec 9, 1992
602 N.E.2d 612 (Ohio 1992)
Case details for

In re Nicotera

Case Details

Full title:IN RE NICOTERA

Court:Supreme Court of Ohio

Date published: Dec 9, 1992

Citations

602 N.E.2d 612 (Ohio 1992)
602 N.E.2d 612

Citing Cases

Disciplinary Counsel v. Pickrel

{¶ 9} Although Pickrel was not registered as an active attorney at the time of her misconduct and her conduct…