Monica A. Duffy, Attorney Grievance Committee for the Third Judicial Department, Albany (Michael G. Gaynor of counsel), for Attorney Grievance Committee for the Third Judicial Department.
Respondent was admitted to practice by the First Department in 2000, and presently maintains a business address in the Town of Horseheads, Chemung County (see generally Uniform Rules for Attorney Disciplinary Matters [22 NYCRR] § 1240.7 [a] [2]). Respondent is the subject of an investigation by the Attorney Grievance Committee for the Third Judicial Department (hereinafter AGC) into allegations that he engaged in professional misconduct with regard to his dual representation of the parties to a real estate transaction. Upon receipt of the subject disciplinary complaint, AGC directed respondent to provide a detailed response to the allegations set forth therein. Respondent failed to comply with AGC’s request, prompting AGC to send respondent a second notice directing him to file a response to the allegations set forth in the complaint. Respondent, once again, failed to comply with AGC’s request. Accordingly, AGC sent respondent a Notice to Appear for Examination, directing respondent to appear for a formal examination, under oath, on May 3, 2017 and to produce certain records relevant to the subject complaint (see generally Uniform Rules for Attorney Disciplinary Matters [22 NYCRR] § 1240.7 [b] [2]). Respondent failed to appear at the examination as directed nor has he otherwise been in contact with AGC with regard to its investigation. By order to show cause returnable June 19, 2017, AGC now moves for an order pursuant to Uniform Rules for Attorney Disciplinary Matters (22 NYCRR) § 1240.9 suspending respondent from the practice of law due to his failure to comply with AGC’s lawful demand to appear for a formal examination and his failure to otherwise comply with AGC’s disciplinary investigation. Respondent has not replied to the motion.