102 A.D.3d 55 *; 954 N.Y.S.2d 456 **; 2012 N.Y. App. Div. LEXIS 8332 ***; 2012 NY Slip Op 8437 ****; 2012 WL 6050329
[****1] In the Matter of Robert L. Cohen, a Suspended Attorney, Respondent. Departmental Disciplinary Committee for the First Judicial Department, Petitioner
Disciplinary proceedings instituted by the Departmental Disciplinary Committee for the First Judicial Department. Respondent was admitted to the bar on December 19, 1969 at a term of the Appellate Division of the Supreme Court in the Second Judicial Department.
disbarring, suspension, mail, counselors-at-law, reinstatement, first-class, stricken, suspend, escrow, roll
Attorney and Client — Disciplinary Proceedings
Inasmuch as more than six months elapsed since respondent attorney was suspended from the practice of law based upon substantial admissions under oath and other uncontested evidence of professional misconduct, including that he misappropriated and/or converted escrow funds for his own personal use, misused his IOLA account for business and/or personal purposes, and failed to keep bookkeeping records required for his escrow account, and he neither appeared nor applied in writing for a hearing or reinstatement during that time period, respondent was disbarred pursuant to 22 NYCRR 603.4 (g) and upon his consent as conveyed by his counsel.
Counsel: [***1] Jorge Dopico, Chief Counsel, Departmental Disciplinary Committee, New York City (Kaylin Whittinghim of counsel), for petitioner.
Michael S. Ross, for respondent.
Judges: Helen E. Freedman, Justice Presiding, Rosalyn H. Richter, Sheila Abdus-Salaam, Sallie Manzanet-Daniels, Nelson S. Román, Justices. All concur.
[*56] [**456] Per Curiam. [****2]
Respondent Robert L. Cohen was admitted to the practice of law in the State of New York by the Second Judicial Department on December 19, 1969 and has maintained an office for the practice of law within the First Judicial Department.
By order entered November 22, 2011 (Matter of Cohen, 90 AD3d 21, 934 NYS2d 106 ), this Court granted the motion of the Departmental Disciplinary Committee (DDC) to immediately suspend respondent from the practice of law pursuant to 22 NYCRR 603.4 (e) (1) (ii) and (iii) based upon substantial admissions under oath and other uncontested evidence of professional misconduct [***2] that he misappropriated and/or converted more than $9,800 in escrow funds for his own personal use without permission or authority to do so, misused his IOLA account for business and/or personal purposes, and failed to keep bookkeeping records required for his escrow account. Respondent, represented by counsel, consented to his interim suspension.
On December 2, 2011, the DDC sent a notice of entry of this Court’s November 22, 2011 suspension order to respondent’s counsel’s office by first-class and certified mail, return receipt requested. The first-class mail was not returned and the certified mail receipt was signed for on December 5, 2011. The DDC seeks an order disbarring respondent from the practice of law, pursuant to 22 NYCRR 603.4 (g), on the grounds that respondent has been suspended under 22 NYCRR 603.4 (e) (1) (ii) and (iii) and has not appeared or applied in writing to the DDC or the Court for a hearing or reinstatement since the date of his immediate suspension, which occurred [**457] more than six months ago on November 22, 2011. In addition, the DDC notes that respondent has not filed an affidavit of compliance as required under 22 NYCRR 603.13 (f).
Respondent’s counsel states that [***3] he has discussed this matter with respondent and respondent has agreed that under all the circumstances, the most appropriate course of action at this point would be to consent to the DDC’s motion to disbar.
Given that more than six months have elapsed since the date of this Court’s suspension order and respondent has failed to appear or contact the DDC or the Court for a hearing or reinstatement, and respondent consents to the relief sought by the DDC, the DDC’s motion for an order disbarring respondent [*57] should be granted (see Matter of Jones, 89 AD3d 227, 932 NYS2d 37 ; Matter of Bambury, 91 AD3d 141, 933 NYS2d 548 ; Matter of Delio, 17 AD3d 69, 794 NYS2d 305 ) and respondent’s name stricken from the roll of attorneys and counselors-at-law in the State of New York, effective immediately.
Freedman, J.P., Richter, Abdus-Salaam, ManzanetDaniels and Román, JJ., concur.
Respondent disbarred, and his name stricken from the roll of attorneys and counselors-at-law in the State of New York, effective the date hereof.