Opinion
2013-02737 Attorney Registration No. 2494771 M157033
05-30-2013
In the Matter of Michael P. Mays, admitted as Michael Phillip Mays, an attorney and counselor-at-law. Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, petitioner; v. Michael P. Mays, respondent.
, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
JEFFREY A. COHEN, JJ.
DECISION & ORDER ON MOTION
Motion by the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts: (1) to suspend the respondent from the practice of law, pursuant to 22 NYCRR 691.4(l)(1)(i), upon a finding that he is guilty of professional misconduct immediately threatening the public interest in that he failed to submit written answers to complaints of professional misconduct filed against him; (2) to authorize the Grievance Committee to institute and prosecute a disciplinary proceeding against the respondent based upon the allegations set forth in a petition dated March 12, 2013; (3) to direct the respondent to submit an answer to the petition; and (4) to refer the issues raised to a Special Referee to hear and report. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on July 15, 1992, under the name Michael Phillip Mays.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that pursuant to 22 NYCRR 691.4(l)(1)(i), the respondent, Michael P. Mays, admitted as Michael Phillip Mays, is immediately suspended from the practice of law in the State of New York, pending further order of the Court; and it is further,
ORDERED that the respondent, Michael P. Mays, admitted as Michael Phillip Mays, shall promptly comply with this Court's rules governing the conduct of disbarred, suspended, and resigned attorneys (see 22 NYCRR 691.10); and it is further,
ORDERED that pursuant to Judiciary Law § 90, during the period of suspension and until further order of this Court, the respondent, Michael P. Mays, admitted as Michael Phillip Mays, is commanded 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,
ORDERED that the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts is hereby authorized to institute and prosecute a disciplinary proceeding in this Court, against Michael P. Mays, admitted as Michael Phillip Mays, based on the petition dated March 12, 2013; and it is further,
ORDERED that Diana Maxfield Kearse, Chief Counsel, Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, Renaissance Plaza, 335 Adams Street - Suite 2400, Brooklyn, N.Y. 11201-3745, is hereby appointed as attorney for the petitioner in such proceeding; and it is further,
ORDERED that within 20 days after service upon him of a copy of this decision and order on motion, the respondent shall serve an answer upon the petitioner and the Special Referee, and shall file the original answer with this Court; and it is further,
ORDERED that the issues raised by the petition and any answer thereto are referred to the Hon. Lewis Douglass, a retired Justice of the Supreme Court, Kings County, 166-25 Powells Cove Boulevard, Whitestone, N.Y. 11357, as Special Referee to hear and report, together with his findings on the issues, and to submit a report within 60 days after the conclusion of the hearing or the submission of post-hearing memoranda; and it is further,
ORDERED that if the respondent, Michael P. Mays, admitted as Michael Phillip Mays, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency and the respondent shall certify to the same in his affidavit of compliance pursuant to 22 NYCRR 691.10(f).
We find, prima facie, that the respondent is guilty of professional misconduct immediately threatening the public interest based on his failure to cooperate with the lawful investigation of the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, with regard to two complaints of professional misconduct filed against him.
Complaint of William C. Mouzon
On or about July 14, 2012, the Grievance Committee received a complaint of professional misconduct against the respondent from William C. Mouzon, alleging that the respondent had neglected a matrimonial action. More specifically, Mouzon alleged that he retained the respondent to represent him in a contested divorce, that the action was settled in July 2010, that the respondent was directed by the court to complete the final paperwork in two months, and that two years had elapsed and the paperwork had not been finalized.
On or about July 31, 2012, the Grievance Committee mailed to the respondent a copy of the Mouzon complaint and directed him to submit a written answer within 10 days of his receipt of the letter. The respondent failed to respond or request additional time in which to do so. Despite two additional letters sent on or about September 27, 2012, and November 27, 2012, both sent via certified mail, return receipt requested, the respondent did not respond. Return receipt cards returned to the Grievance Committee were signed "F Mays." On February 15, 2013, a fourth letter was hand-delivered to the respondent, which again noted his failure to provide an answer to the complaint. The fourth letter demanded that he submit a written answer within 10 days of his receipt of the letter. To date, the respondent has failed to submit an answer, request an extension of time, or communicate with the Grievance Committee in any manner.
Sua Sponte Complaint
On or about December 11, 2012, the Grievance Committee sent the respondent a letter, addressed to his office, informing him that the Grievance Committee had initiated a sua sponte investigation based upon the fact that he was sanctioned by the Hon. Jeffrey S. Sunshine, Supreme Court, Kings County for failure to appear in a matrimonial action on numerous occasions in or about September 2012. The letter directed the respondent to submit a written answer within 10 days of his receipt thereof. The respondent failed to answer or request an extension of time. On February 15, 2013, a letter was hand-delivered to the respondent, which noted his failure to respond. The letter also directed the respondent to submit a written answer within 10 days of his receipt thereof. To date, the respondent has failed to submit an answer, request an extension of time, or communicate with the Grievance Committee in any manner.
The Grievance Committee advises that the respondent was previously admonished in 2011 for his failure to cooperate with the Grievance Committee in an investigation of a complaint, alleging that he neglected a personal injury matter.
Although personally served with a copy of the order to show cause on March 19, 2013, the respondent has not submitted any papers in response or requested additional time in which to do so.
Based on the foregoing, the motion is granted, the respondent is immediately suspended from the practice of law, pursuant to 22 NYCRR 691.4(l)(1)(i), pending further order of this Court, the Grievance Committee is authorized to institute and prosecute a disciplinary proceeding against him, and the matter is referred to a Special Referee to hear and report.
ENG, P.J., MASTRO, RIVERA, SKELOS and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court