Opinion
2002-03522
October 6, 2003.
DISCIPLINARY proceeding instituted by the Grievance Committee for the Tenth Judicial District. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 30, 1998. By decision and order of this court dated July 9, 2002, the Grievance Committee was authorized to institute and prosecute a disciplinary proceeding against the respondent and the issues raised were referred to the Honorable Moses M. Weinstein, as Special Referee, to hear and report.
Robert P. Guido, Syosset, N.Y. (Stacy J. Sharpelletti of counsel), for petitioner.
Before: DAVID S. RITTER, J.P., FRED T. SANTUCCI, MYRIAM J. ALTMAN, SANDRA J. FEUERSTEIN, BARRY A. COZIER, JJ.
OPINION ORDER
The petitioner served the respondent with a petition containing one charge of professional misconduct. After a hearing on September 26, 2002, the Special Referee sustained the charge. The petitioner now moves to confirm the findings of the Special Referee and to impose such discipline as the court deems just and proper. The respondent has neither cross-moved nor submitted any papers in response to the petitioner's motion.
The charge alleges that the respondent has been convicted of a serious crime.
On or about August 9, 2001, an information was filed in Nassau County First District Court charging the respondent with the crimes of driving while intoxicated, in violation of Vehicle and Traffic Law § 1192(2), a class B misdemeanor, and endangering the welfare of a child (two counts), in violation of Penal Law § 260.10(1), a class A misdemeanor. The respondent entered a plea of guilty before the Hon. Susan T. Kleuwer, District Court Judge, to driving while intoxicated, as charged, and to the amended and reduced charge of attempted endangering the welfare of a child, in satisfaction of the two counts of endangering the welfare of a child, as charged.
Based on the evidence adduced and the respondent's admissions, the Special Referee properly sustained the charge. The petitioner's motion to confirm the Special Referee's report is granted.
In determining an appropriate measure of discipline to impose, the petitioner informs the court that the respondent has no prior disciplinary history. In view of the respondent's documented efforts to come to terms with her alcohol addiction and the absence of any injured parties, the respondent is censured for her professional misconduct.
RITTER, J.P., SANTUCCI, ALTMAN, FEUERSTEIN and COZIER, JJ., concur.
ORDERED that the petitioner's motion to confirm the Special Referee's report is granted; and it is further,
ORDERED that the respondent is censured for her professional misconduct.
RITTER, J.P., SANTUCCI, ALTMAN, FEUERSTEIN and COZIER, JJ., concur.