Opinion
2018–03362
11-14-2018
In the MATTER OF Jared H. RABKIN, an Attorney and Counselor-at-Law. Grievance Committee for the Tenth Judicial District, Petitioner, v. Jared H. Rabkin, Respondent. (Attorney Registration No. 4738191)
Catherine A. Sheridan, Hauppauge, NY (Elizabeth A. Grabowski of counsel), for petitioner.
Catherine A. Sheridan, Hauppauge, NY (Elizabeth A. Grabowski of counsel), for petitioner.
ALAN D. SCHEINKMAN, P.J., WILLIAM F. MASTRO, REINALDO E. RIVERA, MARK C. DILLON, VALERIE BRATHWAITE NELSON, JJ.
OPINION & ORDER
PER CURIAM.
The Grievance Committee for the Tenth Judicial District commenced a disciplinary proceeding pursuant to 22 NYCRR 1240.8 by personally serving upon the respondent, and filing with the Court, a notice of petition and a verified petition, both dated March 7, 2018. The verified petition contains three charges of professional misconduct based upon the respondent's failure to file registration statements with the Office of Court Administration for three biennial registration periods, and his failure to cooperate with the Grievance Committee in connection with an investigation concerning the same.
The notice of petition directed the respondent to serve and file his answer to the verified petition within 20 days after service upon him of the notice of petition and the verified petition. To date, the respondent has neither served nor filed an answer to the verified petition, as directed.
The Grievance Committee now moves to deem the charges against the respondent established, and to impose such discipline upon him as this Court deems appropriate, based upon his default. The motion papers were served on the respondent, by mail, on May 3, 2018, and proof of service was filed with the Court. The respondent has neither opposed the Grievance Committee's motion nor interposed any response thereto.
Accordingly, the Grievance Committee's motion is granted, the charges in the verified petition are deemed established, and, effective immediately, the respondent is suspended for an indefinite period, until further order of the Court (see Matter of Segrell, 143 A.D.3d 121, 37 N.Y.S.3d 900 ; Matter of Owen, 109 A.D.3d 241, 969 N.Y.S.2d 488 ; Matter of Malone, 98 A.D.3d 263, 947 N.Y.S.2d 895 ).
ORDERED that the Grievance Committee's motion is granted; and it is further,
ORDERED that, pursuant to Judiciary Law § 90, effective immediately, the respondent, Jared H. Rabkin, is suspended for an indefinite period, until further order of the Court; and it is further,
ORDERED that the respondent, Jared H. Rabkin, shall comply with the rules governing the conduct of disbarred or suspended attorneys (see 22 NYCRR 1240.15 ); and it is further,ORDERED that pursuant to Judiciary Law § 90, the respondent, Jared H. Rabkin, is commanded to desist and refrain from (1) practicing law in any form, either as principal or as agent, clerk, or employee of another, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority, (3) giving to another an opinion as to the law or its application or any advice in relation thereto, and (4) holding himself out in any way as an attorney and counselor-at-law; and it is further,
ORDERED that if the respondent, Jared H. Rabkin, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency, and the respondent shall certify to the same in his affidavit of compliance pursuant to 22 NYCRR 1240.15(f).
SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BRATHWAITE NELSON, JJ., concur.