Monday, January 26, 2009
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.