Monday, January 26, 2009

Resignation Accepted

The New York Appellate Division for the Second Judicial Department accepted an attorney's resignation and ordered disbarment. Because there was a pending investigation into escrow account violations, the order may be supplemented with a restitution requirement:

To the extent that any funds being held by him in a fiduciary capacity for third parties may be unaccounted for, [the attorney] is aware that in any order permitting him to resign, the Court could require, pursuant to Judiciary Law § 90(6-a), that he make monetary restitution to any person whose money or property was misappropriated or misapplied or to reimburse the Lawyers' Fund for Client Protection.

[He] is further aware that any order issued pursuant to Judiciary Law § 90(6-a) could be entered as a civil judgment against him and he specifically waives the opportunity afforded him by Judiciary Law § 90(6-a)(f) to be heard in opposition thereto.

[He] concludes by apologizing to the Court, his family, and his colleagues for any disrepute which his actions may have caused.

(Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2009/01/the-new-york--3.html

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