Opinion
June 21, 1999
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 the State of Florida. The respondent was admitted to the New York State Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 5, 1975.
Robert H. Straus, Brooklyn, N.Y. (Diana Maxfield Kearse of counsel), for petitioner.
GUY JAMES MANGANO, P.J., LAWRENCE J. BRACKEN, SONDRA MILLER, CORNELIUS J. O'BRIEN, THOMAS R. SULLIVAN, JJ.
OPINION ORDER
By order of the Supreme Court of the State of Florida dated December 10, 1998, the respondent was suspended from the practice of law in that state for a period of 30 days, based upon an unconditional guilty plea and conditional consent to discipline dated August 4, 1998. The order also placed the respondent on probation for three years and assessed costs of $1,972.70 against him.
On January 27, 1999, the respondent was served with a notice pursuant to 22 NYCRR 691.3, informing him of his right to interpose certain enumerated defenses to the imposition of reciprocal discipline upon him in New York. The disciplinary action against the respondent in the State of Florida was based on his neglect of a client matter, his failure to maintain attorney trust account records, and shortages in his attorney trust account.
The respondent has neither asserted any of the defenses to the imposition of reciprocal discipline enumerated in 22 NYCRR 691.3 (c) nor exercised his right to demand a hearing.
Under the circumstances of this case, the respondent is suspended from the practice of law in New York for a period of three years, with reinstatement contingent upon submitting proof that he has successfully completed his three-year probationary period in Florida.
MANGANO, P.J., BRACKEN, S. MILLER, O'BRIEN and SULLIVAN, JJ., concur.
ORDERED that the petitioner's motion is granted; and it is further,
ORDERED that pursuant to 22 NYCRR 691.3, the respondent Bernard Dov Canarick is suspended from the practice of law for a period of three years, commencing July 21, 1999, and continuing until the further order of this court, with leave to the respondent to apply for reinstatement no sooner than six months prior to the expiration of the said period of three years, upon furnishing satisfactory proof (a) that during the said period he refrained from practicing or attempting to practice law, (b) that he has fully complied with this order and with the terms and provisions of the written rules governing the conduct of disbarred, suspended and resigned attorneys ( 22 NYCRR 691.10), (c) that he has otherwise properly conducted himself and (d) that he has successfully completed his three-year probationary period in Florida.; and it is further,
ORDERED that pursuant to Judiciary Law § 90, during the period of suspension and until the further order of this court, the respondent, Bernard Dov Canarick shall desist and refrain from (1) practicing law in any form, either as principal or 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.