In the Matter of JOSEPH G. AMATO, a Suspended Attorney, Respondent. GRIEVANCE COMMITTEE FOR THE SECOND AND ELEVENTH JUDICIAL DISTRICTS, Petitioner.
Supreme Court, Appellate Division, Second Department, New York
April 24, 2007
835 NYS2d 623
Second Department, April 24, 2007
Diana Maxfield Kearse, Brooklyn (Colette M. Landers of counsel), for petitioner.
OPINION OF THE COURT
Per Curiam.
The Grievance Committee for the Second and Eleventh Judicial Districts (hereinafter the Grievance Committee) served the respondent with a petition dated December 29, 2005, containing two charges of professional misconduct. After а scheduled hearing on August 4, 2006, at which the respondent failed to appear, the Special Referee sustained the charges. The Grievance Committee now moves to confirm the Special Referee’s report and impose such discipline upon the respondent as the Court deems appropriate. The respondent has neither submitted a reply to the Grievance Committee’s motion nor requested additional time in which to do so.
Charge One alleges that the respondent has engaged in a pattern and practice of failing to cooperate with the Grievance Committee’s investigation of complaints of professional misconduct filed agаinst him, in violation of Code of Professional Responsibility DR 1-102 (a) (5) and (7) (
By letter dated November 5, 2004, the Grievance Committee directed the respondent to reregister as an attorney and to submit proof of his reregistration and an answer to a sua sponte investigation within 30 days. The respondent failed to comply or to request additional time in which to do so. By letter dated December 20, 2004, sent via regular and certified mail, the Grievance Committee again directed the respondent to reregister and to submit an answer within 10 days. Thе respondent still failed to comply.
By letter dated February 28, 2005, the Grievance Committee again directed the respondent to comply with the attorney
By letter dated March 11, 2005, the Grievanсe Committee directed the respondent to provide, within 10 days, records and information regarding an investigation of a complaint of professional misconduct filed against him by Judith Friedman. The respondent failed to provide the requested records and information or to request additional time in which to do so.
By letter dated April 15, 2005, the Grievance Committee requested the respondent to answer, within 10 days, a complaint filed against him by Linda Zamplione. The respondent failed to either submit an answer or to request additional time in which to do so. By letter dated April 15, 2005, the Grievance Committee requested the respondent to answer, within 10 days, a complaint filed against him by Ann Elie. The respondent failеd to either submit an answer or to request additional time in which to do so.
By letter dated April 19, 2005, the Grievance Committee requested that the respondent provide records аnd information regarding the Friedman complaint and comply with the attorney reregistration requirements, with proof thereof, by May 2, 2005. The respondent failed to comply or tо request additional time in which to do so.
By hand-delivered letter dated May 11, 2005, the Grievance Committee directed the respondent to submit the previously requested responsеs within 10 days. The respondent still failed to comply.
By letter dated May 25, 2005, sent via certified and first class mail, the Grievance Committee requested the respondent to answer, within 10 days, а complaint filed against him by Albina Miceli. The respondent failed to either submit an answer or to request additional time in which to do so.
By letter dated June 2, 2005, sent via certified and first class mail, the Grievance Committee directed the respondent to appear at its offices on June 27, 2005, to give testimony concerning the complaints against him. In resрonse to this letter, the respondent failed to either appear as directed or to contact the Grievance Committee in any way.
By letter dated July 7, 2005, sent via сertified and first class mail, the Grievance Committee requested the respondent to answer, within 10 days, a complaint filed against him by Dar-
By letter dated July 21, 2005, sent via cеrtified and first class mail, the Grievance Committee directed the respondent to answer by August 8, 2005, its sua sponte complaint involving the respondent’s failure to cooperate with the Grievance Committee. The respondent failed to answer or to request additional time in which to do so. In the same letter, the Grievance Committee directed the respondent to submit an answer to each unanswered complaint by August 8, 2005. The respondent failed to either submit an answer or to request additional time in which to do so.
By letter dated September 28, 2005, sent via certified and first class mail, the Grievance Committee requested the respondent to answer, within 10 days, a complaint filed against him by Prima Vera Esposito. The respondent failed to either submit an answer or to request additional time in which to do so.
Charge Two alleges that the respondent failed to reregister as an attorney with the Office of Court Administration (hereinafter OCA), as required by
As an attorney admitted to practice in New York, the respondent is required to file a biennial registration statement with OCA and to pay the designated fee within 30 days of his birthday, pursuant to
The respondent failed to submit an answer or appear at the disciplinary hearing. The respondent is in default and the charges are deemed admitted. Moreover, the Special Referee’s findings were amply supported by the evidence adduced during the disciplinary prоceeding. Accordingly, the Grievance Committee’s motion to confirm the Special Referee’s report is granted.
Although the respondent has no prior disciplinary histоry, his failures to reregister and to cooperate with the Grievance Com-
Prudenti, P.J., Schmidt, Crane, Mastro and Rivera, JJ., concur.
Ordered that the petitioner’s motion to сonfirm the report of the Special Referee is granted; and it is further,
Ordered that the respondent, Joseph G. Amato, is suspended from the practice of law for a period of two years, commencing immediately, with credit for the time elapsed under the interim suspension imposed by decision and order on motion of this Court dated June 2, 2006, and continuing until the further order of this Court, with leave to the respondent to apply for reinstatement no sooner than six months prior to the expiration of that period upon furnishing sаtisfactory proof that during the said period he (a) refrained from practicing or attempting to practice law, (b) fully complied with this order and with the terms and provisions of the written rules governing the conduct of disbarred, suspended, and resigned attorneys (
Ordered that pursuant to
Ordered that if Joseph G. Amato has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency and Joseph G. Amato shall certify to the same in his affidavit of compliance, pursuant to