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eBook details

• Title: Matter Donald F. Larson
• Author : Supreme Court of New York
• Release Date : January 26, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

Petitioner, the Committee on Professional Standards, moves for a default judgment against respondent on the ground that he
has failed to answer a petition of charges and specifications dated August 19, 1991 which was personally served upon him on
September 11, 1991. Respondent has also failed to appear on the motion for a default judgment. His failures to answer or appear
are tantamount to an admission of the charges (Matter of Wunderlich, 149 A.D.2d 809, 810; Matter of Grey, 122 A.D.2d 626;
Matter of Kove, 108 A.D.2d 986, 987). The petition charges respondent with five counts of professional misconduct. Charge I alleges failure to register as an attorney
or pay the registration fee as required by Judiciary Law § 468-a and section 118.1 of the Rules of the Chief Administrator
of the Courts [22 NYCRR 118.1]. Charge II alleges failure to cooperate with petitioner in its investigation of the Jenkins
inquiry necessitating the issuance of a subpoena requiring respondent's attendance at a hearing (held Feb. 28, 1991). Charge
III alleges failure to comply with this court's rule (22 NYCRR 806.4 [e]) obligating respondent to reimburse petitioner for
its stenographic costs associated with the hearing. Charge IV alleges failure to comply with petitioner's letter of July 3,
1991, which advised respondent of petitioner's intention to admonish him orally and in writing and that he was to appear before
petitioner for the oral admonition on July 26, 1991, unless he made timely demand for the institution of a disciplinary proceeding
pursuant to section 806.4 (c) of this court's rules (22 NYCRR 806.4 [c]). Respondent did not demand the institution of a disciplinary
proceeding, nor did he appear on July 26, or otherwise contact petitioner.* Charge V alleges that respondent attempted
to mislead and deceive petitioner at the February 28 hearing.

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