We consider the tender of his resignation at this juncture as tantamount to an admission of the charges (Matter of Schwartz, 42 A.D.2d 413; Matter of Cregg, 34 A.D.2d 62). Respondent has violated canons 1, 6, 7 and 9 of the Code of Professional Responsibility and has demonstrated his lack of moral fitness to continue as a member of the profession and his name should be stricken from the roll of attorneys (Matter of Tomicki, 47 A.D.2d 752; Matter of Liesner, 43 A.D.2d 223; Matter of Nicotina, 37 A.D.2d 300). MARSH, P.J., CARDAMONE, SIMONS, GOLDMAN and WITMER, JJ., concur.
Respondent filed no answer to the charge and did not appear to defend himself before the Referee. We construe this inaction as an admission of the charges and an indifference to the consequences of an adverse determination ( Matter of Nicotina, 37 A.D.2d 300, 301; Matter of Schner, 5 A.D.2d 599, 600). Respondent's present malfeasance is exacerbated by the fact that he was under suspension by this court for a period of three years, which punishment resulted from previous charges leveled against him ( Matter of Thaler, 30 A.D.2d 166).
The respondent has demonstrated his lack of moral fitness to continue as a member of the profession. He should be disbarred ( Matter of Nicotina, 37 A.D.2d 300; Matter of Turk, 25 A.D.2d 255; Matter of Laykind, 21 A.D.2d 383). MARKEWICH, J.P., KUPFERMAN, LANE, STEUER and TILZER, JJ., concur.
"Such inaction is not only construed to constitute an admission of the charges but also an indifference to the consequences of an adverse determination." ( Matter of Nicotina, 37 A.D.2d 300, 301; Matter of Schner, 5 A.D.2d 599, 600.) Respondent has demonstrated his unfitness to continue as a member of the Bar of this State and should be disbarred.
Respondent failed to file an answer to the charges, did not appear on the return date, and did not submit any papers on this application. "Such inaction is not only construed to constitute an admision of the charges but also an indifference to the consequences of an adverse determination" ( Matter of Nicotina, 37 A.D.2d 300, 301; Matter of Schner, 5 A.D.2d 599, 600). Respondent has demonstrated his unfitness to continue as a member of the profession.
Respondent failed to file an answer to the charges, did not appear on the return date, and did not submit any papers on this application. "Such inaction is not only construed to constitute an admission of the charges but also an indifference to the consequences of an adverse determination" ( Matter of Nicotina, 37 A.D.2d 300, 301; Matter of Schner, 5 A.D.2d 599, 600). The respondent should be disbarred.