Opinion
June 21, 1999
Resignation tendered pursuant to 22 NYCRR 691.9 by Sheldon J. Turtletaub, who was admitted to the practice of law on October 16, 1957, under the name Sheldon Joseph Turtletaub, at a term of the Appellate Division of the Supreme Court in the Second Judicial Department.
Grace D. Moran, Syosset, N.Y., for the Grievance Committee for the Tenth Judicial District.
Sheldon J. Turtletaub, Port Washington, N.Y., resignor, pro se.
GUY JAMES MANGANO, P.J., LAWRENCE J. BRACKEN, SONDRA MILLER, DAVID S. RITTER, FRED T. SANTUCCI, JJ.
OPINION ORDER
Sheldon J. Turtletaub has submitted an affidavit, dated March 16, 1999, wherein he tenders his resignation as an attorney and counselor-at-law ( 22 NYCRR 691.9). Mr. Turtletaub was admitted to the practice of law at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on October 16, 1957, under the name Sheldon Joseph Turtletaub.
Mr. Turtletaub avers that he is aware that he is the subject of an ongoing investigation by the Grievance Committee into allegations that he converted funds from estates that he was representing. After depositing the sale proceeds of $746,706.99 on behalf of Jeanette Campbell into his firm's escrow account, the respondent transferred $382,000 of those funds into a personal checking account maintained by his wife and converted those funds to his own use. Mr. Turtletaub also admitted converting the following funds: $12,000 from the Estate of Beatrice Rodyenko and $7,500 from the Estate of Jane Coulter-Mertz. He has repaid the full amount converted from the Coulter-Mertz account and $20,000 that he converted from an escrow in a real estate transaction held on behalf of John Bergen.
Mr. Turtletaub acknowledges that he cannot successfully defend himself on the merits against any disciplinary charges which the Grievance Committee could initiate against him based on these facts. He acknowledges that his resignation is freely and voluntarily tendered and that he has not been subjected to coercion or duress by anyone.
Mr. Turtletaub has discussed his decision to resign with his attorney and other persons whose advice and counsel he respects. He is fully aware of the implications of submitting his resignation, including the fact that he is barred from seeking reinstatement for at least seven years. Mr. Turtletaub is aware that pursuant to Judiciary Law § 90(6-a), the Appellate Division, in any order permitting him to resign could require him to make monetary restitution to any persons whose money or property was misappropriated or misapplied or to reimburse the Lawyers' Fund for Client Protection for same. He is further aware that any order issued pursuant to Judiciary Law § 90(6-a) could be entered as a civil judgment against him. Mr. Turtletaub specifically waives the opportunity afforded him by Judiciary Law § 90(6-a)(f) to be heard in opposition thereto.
Under the circumstances, the resignation of Sheldon J. Turtletaub as a member of the Bar is accepted and directed to be filed. Accordingly, Sheldon J. Turtletaub is disbarred and his name is stricken from the roll of attorneys and counselors-at-law, effective immediately.
MANGANO, P.J., BRACKEN, S. MILLER, RITTER and SANTUCCI, JJ., concur.
ORDERED that the resignation of Sheldon J. Turtletaub is accepted and directed to be filed; and it is further,
ORDERED that pursuant to Judiciary Law § 90, effective immediately, Sheldon J. Turtletaub is disbarred and his name is stricken from the roll of attorneys and counselors-at-law; and it is further,
ORDERED that Sheldon J. Turtletaub shall promptly comply with this court's rules governing the conduct of disbarred, suspended, and resigned attorneys ( 22 NYCRR 691.10); and it is further,
ORDERED that pursuant to Judiciary Law § 90, effective immediately, Sheldon J. Turtletaub is commanded to desist and refrain from (1) practicing law in any form, either as principal or as 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; and it is further,
ORDERED that pursuant to Judiciary Law § 90(6-a)(a) and (b), Sheldon J. Turtletaub is directed to make restitution in the amount set forth to the following parties whose money or property was willfully misappropriated or misapplied, less the amount of any awards to those persons by the Lawyers' Fund for Client Protection arising out of the misappropriation or misapplication:
1) Jeanette Campbell $382,000;
2) Estate of Beatrice Rodyenko $ 12,000;
and it is further,
ORDERED that pursuant to Judiciary Law § 90(6-a)(a), the respondent is required to make restitution and/or reimburse the Lawyers' Fund for Client Protection for awards made and to be made to the persons whose money or property was willfully misappropriated or misapplied; and it is further,
ORDERED that pursuant to Judiciary Law § 90(6-a)(d), an order may be entered as a civil judgment and such judgment shall be enforceable as a money judgment in any court of competent jurisdiction by any person to whom payments are due less any amount reimbursed by the Lawyers' Fund for Client Protection, or by the Lawyers' Fund for Client Protection where it has been subrogated to the right of such person.