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In re Pesante

Citations: 88 A.D.3d 1059; 930 N.Y.2d 917

Court: Appellate Division of the Supreme Court of the State of New York; October 13, 2011; New York; State Appellate Court

Narrative Opinion Summary

The case involves disciplinary proceedings against an attorney who was temporarily suspended by the District of Columbia Court of Appeals due to a significant threat to public safety, evidenced by five serious complaints including misappropriation of funds and dishonesty. The attorney failed to notify the New York court of this suspension, constituting professional misconduct under 22 NYCRR 806.19 (b). The petitioner requested disciplinary action, and despite the respondent's presentation of mitigating circumstances and defenses, the court ruled in favor of an indefinite suspension. This suspension is effective immediately, prohibiting the respondent from practicing law or offering legal advice until further notice. The respondent is also required to comply with the rules applicable to suspended attorneys, ensuring no further professional misconduct during this period. The court's decision underscores the gravity of the allegations and the importance of adherence to professional standards and procedural rules within the legal profession.

Legal Issues Addressed

Compliance with Suspension Rules

Application: The respondent must adhere to the regulations governing suspended attorneys, refraining from any legal practice or advisory roles.

Reasoning: During the suspension, he must refrain from any legal practice and is prohibited from appearing before any legal authority or offering legal advice. The respondent is also required to comply with the rules governing suspended attorneys (22 NYCRR 806.9).

Indefinite Suspension Pending Further Order

Application: The court granted an indefinite suspension of the respondent from legal practice due to the severity of the allegations and his failure to notify the court.

Reasoning: Given the serious nature of the misconduct allegations and the respondent's failure to notify the Court, the motion is granted. The respondent is suspended indefinitely from practicing law, effective immediately, until further order from this Court.

Misconduct: Failure to Notify Court of Suspension

Application: The respondent's failure to timely inform the Court of his suspension constitutes professional misconduct.

Reasoning: The respondent's failure to timely notify this Court of his suspension is considered professional misconduct under rule 22 NYCRR 806.19 (b).

Temporary Suspension for Threat to Public Safety

Application: The respondent was temporarily suspended from practicing law due to a substantial threat to public safety as indicated by multiple pending complaints.

Reasoning: On April 27, 2011, the District of Columbia Court of Appeals temporarily suspended the respondent from practicing law due to his substantial threat to public safety, as indicated by five pending complaints against him.