Motion by the respondent (1) to recall and vacate an opinion and order of this Court dated February 20, 2019, which disbarred her upon her default in answering a verified petition dated April 25, 2018, and (2) to direct that a hearing be conducted to consider evidence on the issue of mitigation and aggravation of the discipline to be imposed on the charges contained in the verified petition dated April 25, 2018, which were deemed established on her default. By decision and order on motion of this Court dated December 6, 2019, the respondent’s motion was granted to the extent that the motion papers were deemed to constitute an answer to the verified petition, the proceeding was opened to conduct a hearing limited to mitigating and aggravating evidence inasmuch as the charges contained in the petition were deemed established, and the matter was referred to the Honorable Anthony F. Marano, as Special Referee, to hear and report solely on any mitigating and aggravating factors, and the motion was otherwise held in abeyance in the interim. Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the report of the Special Referee dated July 17, 2021, made after a hearing limited to mitigating and aggravating evidence, it is
ORDERED that the portion of the motion previously held in abeyance is granted to the extent that the opinion and order of this Court dated February 20, 2019, is recalled and vacated, and the following opinion and order is substituted therefor: DISCIPLINARY PROCEEDING instituted by the Grievance Committee for the Tenth Judicial District. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on May 16, 1990. The Grievance Committee commenced this disciplinary proceeding pursuant to 22 NYCRR 1240.8 by serving and filing a notice of petition dated May 25, 2018, and a verified petition dated April 25, 2018. By opinion and order of this Court dated February 20, 2019, the Grievance Committee’s motion to deem the charges against the respondent established based upon her default in answering the petition was granted, and the respondent was disbarred. By decision and order on motion of this Court dated December 6, 2019, the respondent’s motion, inter alia, to recall and vacate the order of disbarment was granted to the extent that the respondent’s motion papers were deemed to constitute an answer to the verified petition and the matter was referred for a hearing before the Honorable Anthony F. Marano, as special referee, to hear and report solely on any mitigating and aggravating factors.
