In re Loughrey
In a disciplinary proceeding, petitioner moves for a default judgment upon respondent’s failure to appear or file an answer to the petition аs directed by an order which was served upon him personally with a copy of the petition.
The petition sets forth seven charges of misconduct. In Charge 1, resрondent is accused of refusing to co-operate with the Grievance Cоmmittee of the Warren County Bar Association and the Committee on Grievancеs of the New York State Bar Association, in that between June, 1968 and October, 1970, he neglected to acknowledge receipt of, or to answer or appear in response to, numerous requests for information concerning the complaint of a distributee of an estate for which he was the attorney; and, in addition, in that he refused to appear before a subcommittee of petitiоner’s Committee on Grievances pursuant to a subpoena issued by the Clerk of this court and duly served upon him personally.
In Charge 2, respondent is charged with refusing to co-operate with the Committee on Grievances in that in November, 1970 he neglected to appear in response to a notice to appear before a subcommittee of the Grievance Committee in conneсtion with investigation of ¿ second complaint concerning a different estatе for which he was attorney; that, thereafter, he refused to appear pursuant to another subpoena on a date to which the subpoena had been adjourned at his request; and that he otherwise failed to communicate with the committee.
In Charge 3, respondent is accused of converting from an estаte proceeds of insurance policies amounting to $4,600; of
In Charge 4, respondent is charged with failing and refusing as executor of an estate to comply with decreеs of the Surrogate’s Court of Washington County which surcharged him (a) the sum of $3,733, representing lоss of income resulting from failure to properly invest estate funds; (b) the sum of $4,543, representing interest and penalties for his failure to file Federal and State estate tax returns; (c) the sum of $60, representing interest and penalties for his failure to file timеly Federal and State fiduciary income tax returns; and (d) the sum of $1,000, representing the vаlue of a diamond ring for which respondent was unable to account. Respоndent is also charged with failure to comply with a decree which directed payment of the surcharge amounts and directed him to file a ‘supplemental account and to deliver all property, assets and records of the estate to the Surrogate’s Court of Washington County.
In Charges 5, 6 and 7, respondent is accusеd of converting $1,000 and neglecting two negligence claims and deceiving his clients with respect to their progress.
In support of the motion for a default judgment, petitioner has submitted an affidavit of counsel in which he enumerates and refers to thе various correspondence, subpoenas and documents which support and corroborate the charges contained in the petition. Copiеs of the correspondence and documents have been filed togethеr with proof of service of a copy of the moving papers upon respondent by mail.
The requirements for entry of a default judgment in a civil action or рroceeding having been met, the motion should be granted. (
Herlihy, P. J., Reynolds, Greenblott, Cooke and Simons, JJ., concur.
Motion for default judgment granted and respondent disbarred.