By decision and order on motion of this Court dated November 14, 2018, the Grievance Committee’s motion to deem the charges in the verified petition established based upon the respondent’s default was denied, and the respondent’s answer was deemed timely filed. Subsequently, the Grievance Committee served and filed a statement of disputed and undisputed facts dated November 26, 2018, pursuant to 22 NYCRR 1240.8(a)(2), which the respondent did not challenge. By decision and order on application of this Court dated January 11, 2019, the matter was referred to the Honorable Arthur J. Cooperman, as Special Referee, to hear and report (Appellate Division Docket No. 2018-03589). The Grievance Committee commenced a second disciplinary proceeding pursuant to 22 NYCRR 1240.8 against the respondent by service and filing of a notice of petition dated May 3, 2018, and a verified petition dated April 20, 2018, and the respondent served and filed an answer dated May 31, 2018. The Grievance Committee served and filed a statement of disputed and undisputed facts dated June 14, 2018, which the respondent did not challenge. By decision and order on motion dated November 14, 2018, the respondent was immediately suspended from the practice of law pursuant to 22 NYCRR 1240.9(a), and the issues raised were referred to the Honorable Arthur J. Cooperman, as Special Referee, to hear and report (Appellate Division Docket No. 2018-05078). The Grievance Committee for the Second, Eleventh and Thirteenth Judicial Districts served the respondent with a verified petition dated March 27, 2018, containing three charges of professional misconduct (Appellate Division Docket No. 2018-03589). Thereafter, the Grievance Committee served the respondent with a verified petition dated April 20, 2018, containing four charges of professional misconduct (Appellate Division Docket No. 2018-05078). Both matters were referred to the Honorable Arthur J. Cooperman, as Special Referee, to hear and report. A prehearing conference was held on January 31, 2019, and a hearing was held on February 27, 2019, with respect to both disciplinary proceedings. The respondent did not appear at either the prehearing conference or the hearing. The Special Referee issued separate reports with regard to each of the proceedings, sustaining all charges in both petitions. The Grievance Committee now moves, in separate motions, to confirm the reports of the Special Referee and to impose such discipline as this Court deems just and proper. Although served with copies of the motions, the respondent has neither served a response, nor has he requested additional time in which to do so.
Appellate Division Docket No. 2018-03589
