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Matter of Warde

Appellate Division of the Supreme Court of New York, First Department
Jun 15, 1976
52 A.D.2d 461 (N.Y. App. Div. 1976)

Opinion

June 15, 1976

John G. Bonomi of counsel (Morris Gutt with him on the brief), for petitioner.

Joseph Warde, respondent pro se.


Respondent was admitted in this Department on June 29, 1964. Criticism of the respondent by a Supreme Court Justice led to the filing of a complaint against the respondent by a Special Assistant Attorney-General of the office of the Special Prosecutor, with petitioner's Committee on Grievances. The nature of the complaint pertains to alleged misrepresentations made by the respondent to the court on behalf of a client.

The record discloses that on May 17, 1974 respondent filed an affirmation in support of a motion for a default judgment, stating that the defendant had failed to appear or answer when, in fact, the defendant had appeared and answered, although not timely, and the court had granted a motion compelling respondent to accept the answer.

Numerous efforts of the committee to obtain a response to the complaint were frustrated by respondent's delays, evasions and refusals. The record reveals no adequate excuse for respondent's disregard of the committee's endeavor to investigate the complaint against him. Indeed, respondent did not interpose a defense to the charge of failure to co-operate with the committee before the Referee nor did he tender any explanation in connection with the underlying substantive charge other than his concurrence with the introduction of the entire litigation file in evidence.

The report of the Referee is confirmed and respondent is censured for his misconduct. (See Matter of Hubscher, 25 A.D.2d 113. )

MARKEWICH, J.P., MURPHY, LUPIANO, CAPOZZOLI and NUNEZ, JJ., concur.

Respondent censured.


Summaries of

Matter of Warde

Appellate Division of the Supreme Court of New York, First Department
Jun 15, 1976
52 A.D.2d 461 (N.Y. App. Div. 1976)
Case details for

Matter of Warde

Case Details

Full title:In the Matter of JOSEPH WARDE, an Attorney, Respondent. ASSOCIATION OF THE…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 15, 1976

Citations

52 A.D.2d 461 (N.Y. App. Div. 1976)
384 N.Y.S.2d 791

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