Thursday, January 3, 2019

A Reciprocated Lack Of Interest

An attorney's probated 30 month suspension in Texas and by the United States Patent and Trademark Office has brought an actual suspension as reciprocal discipline by the New York Appellate Division for the Third Judicial Department

Turning to the issue of the appropriate disciplinary sanction, we note that respondent's established misconduct in Texas is aggravated by his failure to advise this Court and AGC of his probated suspensions in Texas and by the USPTO (see Rules for Attorney Disciplinary Matters [22 NYCRR] § 1240.13 [d]), as well as his registration delinquency in this state for two consecutive biennial registration periods (see Matter of Sicklinger, 166 AD3d 1205 [2018]). We further find that respondent's failure to participate in these proceedings is indicative of his lack of interest in his fate as an attorney in this state (see Matter of Ezeala, 163 AD3d 1348, 1349 [2018]). Accordingly, upon consideration of the facts, circumstances and documentation before us, we conclude that, in order to protect the public, maintain the honor and integrity of the profession and deter others from committing similar misconduct, respondent should be suspended from the practice of law in this state for one year, effective immediately. We additionally note that any future application by respondent for reinstatement in this state must be accompanied by proof that his probated suspensions in Texas and by the USPTO have been successfully terminated (see Matter of Aquia, 153 AD3d 1082, 1083 [2017]), and that he is in full satisfaction of the attorney registration requirements applicable in this state (see Judiciary Law § 468-a; Rules of Chief Admin of Cts [22 NYCRR] § 118.1).

(Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2019/01/an-attorneys-probated-30-month-suspension-in-texas-and-by-the-united-states-patent-trademark-office-turning-to-the-issue-of.html

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