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Matter of Greenblum

Citation: 2022 NY Slip Op 04522Docket: Motion No. 2022-02069 Case No. 2022-02433

Court: Appellate Division of the Supreme Court of the State of New York; July 12, 2022; New York; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The case involves disciplinary proceedings against an attorney admitted to practice in New York, who faced action by the Attorney Grievance Committee for failing to comply with court-ordered subpoenas and not cooperating with investigations into complaints, including taking advance fees without rendering services. In June 2021, the Committee moved for his suspension, which was granted in September 2021 after the attorney defaulted by not responding. Despite being notified, the attorney continued to ignore communications from the Committee, including a disciplinary complaint in January 2022. Consequently, the Committee sought to disbar him under 22 NYCRR 1240.9(b) for not participating in proceedings for over six months post-suspension. The motion for disbarment was granted, effective immediately, resulting in the attorney's removal from the roll of attorneys on July 12, 2022. The attorney is required to cease all legal practice activities and comply with regulations applicable to disbarred attorneys, including returning any secure passes issued by the Office of Court Administration.

Legal Issues Addressed

Consequences of Disbarment

Application: A disbarred attorney must cease practicing law and return any secure passes issued by the court.

Reasoning: Consequently, Greenblum is ordered to cease all legal practice, including acting as an attorney, giving legal opinions, or representing himself as a lawyer. He must also adhere to the rules for disbarred attorneys.

Default and Suspension in Disciplinary Proceedings

Application: An attorney's default in responding to a suspension motion results in an automatic suspension.

Reasoning: The suspension motion was served to Greenblum, who defaulted, leading to his suspension granted on September 16, 2021.

Disbarment under 22 NYCRR 1240.9(b) for Non-engagement

Application: Disbarment is warranted when an attorney fails to engage in disciplinary proceedings for over six months after suspension.

Reasoning: The Committee is now moving for Greenblum's disbarment under 22 NYCRR 1240.9(b) due to his lack of engagement in disciplinary proceedings for over six months following his suspension.

Disciplinary Proceedings and Suspension under Attorney Grievance Rules

Application: An attorney's failure to comply with court-ordered subpoenas and cooperate with investigations can lead to suspension.

Reasoning: The Committee sought his immediate suspension in June 2021 due to his refusal to comply with court-ordered subpoenas and his failure to cooperate with investigations into multiple complaints against him.