Opinion
Motion Nos. 2022-04850 2022-04851 Case No. 2013-00285
01-26-2023
Unpublished Opinion
MOTION DECISION
Present - Hon. Sallie Manzanet-Daniels, Justice Presiding, Troy K. Webber Cynthia S. Kern Julio Rodriguez III Bahaati E. Pitt-Burke, Justices.
An unpublished order of this Court having been entered on July 24, 2019 (M-1172), granting the Attorney Grievance Committee's motion for an order, pursuant to Judiciary Law § 90(2) and 22 NYCRR 1240.8, directing that respondent (who was admitted to practice as an attorney and counselor-at-law in the State of New York at a Term of the Appellate Division of the Supreme Court for the Second Judicial Department on June 26, 2002) be disciplined on an attached petition of charges alleging violations of Rules 3.1, 3.3(f)(4), 7.1(a)(1), 7.1(f), 8.4(c), 8.4(d), and 8.4(h) of the New York Rules of Professional Conduct, to the extent of referring the matter to a Referee to conduct a hearing on the charges, and to make such findings of fact, conclusions of law and to recommend such disciplinary sanction as may be appropriate, And the Referee, after hearing, having submitted a report, dated March 25, 2022, in which he found that the Committee had adequately proven all six charges of misconduct, with a sanction hearing scheduled to follow, And an unpublished order of this Court having been entered on June 22, 2022 denying respondent's motion seeking reargument or reconsideration of the Referee's liability findings and to disaffirm same, and to stay the sanction hearing (M-2022-02028), And an unpublished order of this Court having been entered on August 31, 2022 denying respondent's motion for reargument, and his separate motion for leave to appeal from, the aforesaid order of this Court, entered June 22, 2022 (M-2022-02894 and M-2022-02895),
And an order of this Court having been entered on November 29, 2022 granting the Attorney Grievance Committee's motion to confirm the Referee's liability findings, and the Referee's report following the sanctions hearing, in which respondent did not appear, which recommended that respondent be disbarred, and denying respondent's cross motion to disaffirm or dismiss the Referee's findings (M-2022-03322 and M-2022-03642), And respondent having moved this Court for an order for leave to appeal to the Court of Appeals from this Court's order entered on November 29, 2022 disbarring him, and for an order vacating or amending the aforesaid order, And the Attorney Grievance Committee, by Jorge Dopico, its Chief Attorney (Kevin M. Doyle, of counsel), having submitted a letter dated December 15, 2022, in opposition to both motions, requesting that the motions be denied, Now, upon reading the papers filed in support and in opposition to the motions and due deliberation having been had thereon, it is
ORDERED that the motion for an order granting leave to appeal the November 29, 2022 disbarment order of this Court to the Court of Appeals is denied (M-2022-04850), and
IT IS FURTHER ORDERED that the motion for an order vacating or amending the disbarment order is denied (M-2022-04851).