OPINION OF THE COURT
By decision and order on motion of this Court dated November
The Grievance Committee moves to impose discipline upon the respondent based upon his failure to file an answer to the petition within 20 days of his receipt, deem the charges against him to be established, and to strike his name from the roll of attorneys and counselors-at-law.
On December 5, 2006, the Grievance Committee served the respondent, pursuant to his written authorization waiving personal service, by regular mail and certified mail, return receipt requested, with the notice of petition, the petition, and a copy of the November 8, 2006, decision and order on motion.
The respondent failed to timely serve a copy of his answer on the Grievance Committee or the Special Referee, respond in any way to the petition, or seek an extension of time to answer.
Thereafter, by letter to the Grievance Committee dated January 22, 2007, the respondent requested an additional month to submit written answers to the underlying complaints against him. No further communication was received from the respondent.
On May 8, 2007, the respondent was served by regular mail and certified mail, return receipt requested, with a copy of the Grievance Committee’s notice of motion for a default judgment, returnable on May 25, 2007.
On June 6, 2007, the respondent filed an affidavit in opposition to the Grievance Committee’s motion for a default judgment.
The November 8, 2006, decision and order on motion expressly states that “within 20 days after service upon him of a copy of the petition, the respondent shall serve an answer upon the petitioner and the Special Referee and shall file a copy of the same in the office of the Clerk of this Court.” The respondent did not comply.
Accordingly, the Grievance Committee’s motion is granted, the charges in the petition are deemed established and, effective immediately, the respondent is disbarred on default and his name is stricken from the roll of attorneys and counselors-at-law.
Prudenti, P.J., Miller, Schmidt, Crane and Rivera, JJ., concur.
Ordered that the petitioner’s motion is granted upon the respondent’s default; and it is further,
Ordered that pursuant to Judiciary Law § 90, effective immediately, the respondent, Jack Martin, is disbarred, and his name is stricken from the roll of attorneys and counselors-at-law; and it is further,
Ordered that the respondent, Jack Martin, shall continue to comply with this Court’s rules governing the conduct of disbarred, suspended, and resigned attorneys (22 NYCRR 691.10); and it is further,
Ordered that pursuant to Judiciary Law § 90, the respondent, Jack Martin, is commanded to continue to desist and refrain from (1) practicing law in any form, either as principal or agent, clerk, or employee of another, (2) appearing as an attorney or counselor-at-law before any court, judge, justice, board, commission, or other public authority, (3) giving to another an opinion as to the law or its application or any advice in relation thereto, and (4) holding himself out in any way as an attorney and counselor-at-law; and it is further,
