Opinion
2002-02493
June 3, 2002.
MOTION by the petitioner pursuant to 22 NYCRR 691.3 to impose discipline upon the respondent based upon disciplinary action taken against him by the Supreme Court of California. The respondent was admitted to the Bar in the State of New York on February 9, 1983, at a term of the Appellate Division of the Supreme Court in the Second Judicial Department.
Diana Maxfield Kearse, Brooklyn, N.Y. (Melissa D. Broder of counsel), for petitioner.
Before: A. GAIL PRUDENTI, P.J., DAVID S. RITTER, FRED T. SANTUCCI, MYRIAM J. ALTMAN, HOWARD MILLER, JJ.
By opinion and order of the Supreme Court of California dated September 18, 2001, the respondent was suspended from the practice of law in that jurisdiction for a period of six months, the execution of which was stayed on the conditions that he be placed on probation for a period of two years and that he be actually suspended for a period of 30 days.
On March 19, 2002, the petitioner served the respondent with a notice, pursuant to 22 NYCRR 691.3, advising him of his right to file a verified statement raising any of the defenses to the imposition of reciprocal discipline found in that section and to request a hearing prior to the imposition of such discipline. The respondent has not submitted the aforementioned verified statement or requested a hearing.
Inasmuch as the respondent has neither raised any of the enumerated defenses to the imposition of reciprocal discipline nor requested a hearing pursuant to 22 NYCRR 691.3(d), the petitioner's motion to impose reciprocal discipline upon him in New York is granted. The respondent is censured based on the discipline imposed on him in California.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and H. MILLER, JJ., concur.
ORDERED that the petitioner's motion is granted; and it is further,
ORDERED that pursuant to 22 NYCRR 691.3, the respondent is censured based on the discipline imposed on him in California.