PER CURIAM — On October 1, 2019, the Grievance Committee for the Tenth Judicial District commenced a disciplinary proceeding pursuant to 22 NYCRR 1240.8(a) against the respondent by filing a notice of petition and a verified petition dated September 17, 2019, and personally serving the same on the respondent on September 27, 2019. The notice of petition directed that the respondent file an original answer to the verified petition with the Court within 20 days of his receipt thereof, and serve a copy of the same on the Grievance Committee. The verified petition contains three charges of professional misconduct, alleging, inter alia, a misappropriation of client funds and a failure to promptly pay to a client funds that the client requested and was entitled to receive. To date, the respondent has neither served an answer to the verified petition, nor has he requested additional time in which to do so. The Grievance Committee now moves to adjudicate the respondent in default based on his failure to answer the petition, and to deem the charges established. The instant motion was served on the respondent on November 25, 2019. Although granted an adjournment until December 23, 2019, to file a response, the respondent, to date, has neither answered nor requested additional time in which to do so. Accordingly, the Grievance Committee’s motion is granted, the charges in the petition are deemed established, and, effective immediately, the respondent is disbarred upon his default, and his name is stricken from the roll of attorneys and counselors-at-law. All concur. ORDERED that the Grievance Committee’s motion is granted; and it is further, ORDERED that, pursuant to Judiciary Law §90, effective immediately, the respondent, Harvey A. Schweiger, admitted as Harvey Alfred Schweiger, is disbarred and his name is stricken from the roll of attorneys and counselors-at-law; and it is further, ORDERED that the respondent, Harvey A. Schweiger, admitted as Harvey Alfred Schweiger, shall continue to comply with this Court’s rules governing the conduct of disbarred or suspended attorneys (see 22 NYCRR 1240.15); and it is further, ORDERED that pursuant to Judiciary Law §90, the respondent, Harvey A. Schweiger, admitted as Harvey Alfred Schweiger, is commanded to continue to desist and refrain from (1) practicing law in any form, either as principal or 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 if the respondent, Harvey A. Schweiger, admitted as Harvey Alfred Schweiger, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency and the respondent shall certify to the same in his affidavit of compliance pursuant to 22 NYCRR 1240.15(f). ENTER: Aprilanne Agostino Clerk of the Court
