Tuesday, September 3, 2019

Medical Suspension Imposed

The New York Appellate Division for the First Judicial Department has suspended an attorney who had a prior successful singing career. 

According to Wikipedia

Cantrell recorded for RCA Victor Records, releasing six albums. Her preferred style of music was pop standards, but she later made contemporary pop rock a significant part of her performances. Cantrell commented in a 1994 profile, "Think of how few people can still make their careers by singing standards.... There's Tony Bennett and Barbra Streisand, and I don't know anyone else."

Cantrell was a frequent guest on television shows including The Ed Sullivan ShowThe Tonight Show Starring Johnny Carson, and The Mike Douglas Show. However, she never had a top 40 hit in the Billboard Hot 100.

The court here

For the reasons set forth below, we now grant the motion to the extent of immediately suspending respondent from the practice of law and staying the Committee's pending investigation until further order of this Court.

On September 24, 2018, the Committee received a complaint from one of the parties in a matrimonial matter, alleging that respondent improperly distributed monies from an escrow account. By several letters and an email, the Committee sent a copy of the complaint to respondent and directed her to answer. Respondent did not submit an answer.

On March 27, 2019, Thomas F. Farley, Esq. contacted the Committee, identified himself as a long-time friend of respondent, and stated that he was assisting her in this matter. In subsequent letters, Mr. Farley described in detail respondent's medical conditions and enclosed a letter from respondent's medical doctor stating that she is presently unable to handle the affairs of others. Mr. Farley further informed the Committee that respondent had recently registered with the Office of Court Administration as a retired attorney.

In view of the foregoing, the Committee has presented sufficient medical evidence that respondent is presently incapacitated from continuing to practice law by reason of a medical condition, and her immediate suspension is warranted under 22 NYCRR 1240.14(b) (see e.g. Matter of Nagel, 161 AD3d 95 [1st Dept 2018]; Matter of Falls, 121 AD3d 83 [1st Dept 2014]; Matter of Rabinowitz, 97 AD3d 192 [1st Dept 2012]; Matter of Farinella, 91 AD3d 35 [1st Dept 2011].

Accordingly, the Committee's motion should be granted and respondent be immediately suspended from the practice of law, and the Committee's pending investigation be stayed, until further order of this Court.

(Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2019/09/the-new-york-appellate-division-for-the-first-judicial-department-has-suspended-an-attorney-for-the-reasons-set-forth-below.html

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