Opinion
M-1931.
May 24, 2005.
Decided July 14, 2005.
Disciplinary proceedings instituted by the Departmental Disciplinary Committee for the First Judicial Department. Respondent, who as William Joseph Lazarony, was admitted to the Bar of the State of New York at a Term of the Appellate Division of the Supreme Court for the Third Judicial Department on January 27, 1987.
Thomas J. Cahill, Chief Counsel, Departmental Disciplinary Committee, New York (Jorge Dopico, of counsel), for petitioner.
No appearance for respondent.
Before: Angela M. Mazzarelli, Justice Presiding, Richard T. Andrias, David B. Saxe, David Friedman, James M. Catterson, Justices.
Respondent William J. Lazaroni was admitted to the practice of law in the State of New York by the Third Judicial Department on January 27, 1987, under the name William Joseph Lazarony. At all relevant times, he has maintained an office for the practice of law within the First Judicial Department.
By order entered October 28, 2004 ( 12 AD3d 17), this Court suspended respondent from the practice of law on an interim basis, pursuant to 22 NYCRR 603.4(e)(1)(i) and (iii) and Judiciary Law § 468-a, based on his willful failure to cooperate with the Disciplinary Committee in its investigation of allegations of professional misconduct and other uncontested evidence of misconduct, as well as his failure to register with the Office of Court Administration and pay the required registration fee. The Committee presented evidence that respondent failed to submit answers to 15 complaints filed against him and his firm; that he failed to comply with other lawful demands of the Committee in its investigation into those and other complaints; that he failed to appear before the Committee to give testimony and to produce subpoenaed escrow records and client files; that he abandoned his law practice without providing a genuine office address to his clients or the Committee; and that he failed to maintain intact approximately $80,000 of client funds. In addition, respondent failed to register as an attorney with the Office of Court Administration and was delinquent in the payment of his biennial registration fees.
The Committee's notice of motion to suspend on an interim basis specifically stated, pursuant to 22 NYCRR 603.4(g), that a suspended attorney who fails to appear or apply in writing to the Committee or the Court for a hearing or reinstatement within six months from the date of the order of suspension may be disbarred without further notice ( see Matter of Freeman, 14 AD3d 210; Matter of Hest, 7 AD3d 1.
Respondent was served with the suspension motion on June 21, 2004. At about 4:45 p.m. on Friday July 16, 2004, just prior to the return date of the suspension motion, respondent spoke to the Committee by telephone and requested an adjournment, claiming he was unable to obtain copies of his escrow records and, therefore, could not review them. Staff counsel advised respondent that the Committee had obtained his escrow records, which were attached as exhibits to the suspension motion. Staff did not consent to an adjournment, informing respondent that he would have to make an application to this Court. Respondent did not make such an application, nor did he submit a response to the motion to suspend.
The Committee now seeks an order disbarring respondent pursuant to 22 NYCRR 603.4(g), on the ground that he has been suspended under 22 NYCRR 603.4(e)(1)(i) and (iii) and Judiciary Law § 468-a, and has not appeared or applied in writing to the Committee or this Court for a hearing or reinstatement for six months from the suspension date, which was October 28, 2004. Although respondent was served with this motion both by first class mail and by certified mail, return receipt requested, he has not responded.
Accordingly, inasmuch as more than six months have elapsed since the date of this Court's suspension order, and respondent has neither appeared nor applied in writing to the Committee or this Court for a hearing or reinstatement, the Committee's motion for an order disbarring respondent pursuant to 22 NYCRR 603.4(g) should be granted, and respondent's name stricken from the roll of attorneys and counselors-at-law in the State of New York, effective immediately.
All concur.
Order filed.