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In Matter of Mager

Appellate Division of the Supreme Court of New York, First Department
Apr 29, 2004
7 A.D.3d 27 (N.Y. App. Div. 2004)

Opinion

M-13.

Decided April 29, 2004.

Disciplinary proceedings instituted by the Departmental Disciplinary Committee for the First Judicial Department. Respondent, as Lee Martin Mager, was admitted to the Bar of the State of New York at a Term of the Appellate Division, First Department on June 19, 1978.

Mady J. Edelstein, of counsel (Thomas J. Cahill, Chief Counsel) for petitioner.

Ramon Pagan, attorney for respondent.

Before: John T. Buckley, Presiding Justice, David B. Saxe, Betty Weinberg Ellerin, Alfred D. Lerner, David Friedman, Justices.


Respondent Lee Martin Mager was admitted to the practice of law in the State of New York by the First Judicial Department on June 19, 1978. At all times relevant to this proceeding he has maintained an office for the practice of law within the First Department.

The Departmental Disciplinary Committee now seeks an order withdrawing its pending motion to disbar respondent (M-13) and, pursuant to 22 NYCRR 603.11, accepting respondent's resignation and striking his name from the roll of attorneys, effective as of the date of his affidavit of resignation, February 12, 2004. In accordance with the requirements of 22 NYCRR 603.11, respondent states in his affidavit that he submits his resignation freely and voluntarily, that he is not being subjected to coercion or duress, and that he is fully aware of the implications of submitting his resignation.

Respondent states that the pending motion to disbar is based upon his failure to comply with this Court's order of continued suspension for non-cooperation entered February 7, 2002 ([M-6037]; Matter of Mager, 291 A.D.2d 252) and acknowledges that he cannot successfully defend himself against the motion. He acknowledges that he cannot successfully defend himself against charges based on the five matters underlying his suspension, namely, neglect of a personal injury matter, neglect of a foreclosure action, failure to pay taxes on an estate although the funds were provided by the executor, failure to account for settlement proceeds, and a dishonored IOLA check for $12,264 ([M-7698; Matter of Mager, 282 A.D.2d 88). Respondent also acknowledges that he could not successfully defend himself against a charge based on a more recent complaint of failure to satisfy a client's judgment against him for $15,935.38.

Respondent acknowledges that he is obligated to make restitution to the Lawyers' Fund for Client Protection for its payment of a claim made against him in the estate matter in the sum of $45,480 and for payment by the Fund of any future claims, including a pending claim for the aforementioned $15,935 judgment. He states that he consents to the entry of judgment ordering such restitution.

Accordingly, the Committee's motion to withdraw its motion to disbar should be granted, and respondent's resignation should be accepted and his name stricken from the roll of attorneys in the State of New York, effective nunc pro tunc to February 12, 2004. Respondent is ordered to reimburse the Lawyers' Fund for Client Protection for the award it has made in the amount of $45,480 and for any awards it makes in the future on other claims arising from his misconduct (Judiciary Law § 90[6-a]).

All concur.

Order filed.


Summaries of

In Matter of Mager

Appellate Division of the Supreme Court of New York, First Department
Apr 29, 2004
7 A.D.3d 27 (N.Y. App. Div. 2004)
Case details for

In Matter of Mager

Case Details

Full title:IN THE MATTER OF LEE M. MAGER (admitted as LEE MARTIN MAGER), a suspended…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 29, 2004

Citations

7 A.D.3d 27 (N.Y. App. Div. 2004)
775 N.Y.S.2d 521