Opinion
2014-04-17
In the Matter of Thomas W. PLIMPTON, an Attorney. Committee on Professional Standards, Petitioner; Thomas W. PLIMPTON, Respondent.
Monica A. Duffy, Committee on Professional Standards, Albany (Michael G. Gaynor of counsel), for petitioner. Corrigan, McCoy & Bush, PLLC, Rensselaer (Scott W. Bush of counsel), for respondent.
Monica A. Duffy, Committee on Professional Standards, Albany (Michael G. Gaynor of counsel), for petitioner. Corrigan, McCoy & Bush, PLLC, Rensselaer (Scott W. Bush of counsel), for respondent.
Before: McCARTHY, J.P., GARRY, ROSE and EGAN JR., JJ.
PER CURIAM.
Respondent was admitted to practice by this Court in 1997. He formerly maintained an office for the practice of law in the City of Plattsburgh, Clinton County.
Petitioner has filed a petition of charges alleging that respondent committed professional misconduct by, among other things, converting client funds for his personal use between July 2009 and June 2013. Respondent's answer to the petition admits the allegations.
Petitioner now moves for an order suspending respondent from the practice of law pursuant to this Court's rules ( see22 NYCRR 806.4[f] ) pending consideration of the disciplinary charges against him. Respondent does not oppose such a suspension ( see Matter of Bishop, 201 A.D.2d 750, 608 N.Y.S.2d 887 [1994] ).
Upon finding respondent guilty of professional misconduct immediately threatening the public interest, we grant the motion and suspend him from the practice of law pending disposition of the petition of charges ( see e.g. Matter of Ehrlich, 70 A.D.3d 1166, 1166–1167, 898 N.Y.S.2d 528 [2010] ).
ORDERED that petitioner's motion is granted; and it is further
ORDERED that respondent is suspended from the practice of law, effective upon service on respondent of this memorandum and order, and until further order of this Court; and it is further
ORDERED that, for the period of suspension, respondent is commanded to desist and refrain from the practice of law in any form, either as principal or as agent, clerk or employee of another; and respondent is hereby forbidden to appear as an attorney or counselor-at-law before any court, judge, justice, board, commission or other public authority, or to give to another an opinion as to the law or its application, or any advice in relation thereto; and it is further
ORDERED that respondent shall comply with the provisions of this Court's rules regulating the conduct of suspended attorneys ( see22 NYCRR 806.9). McCARTHY, J.P., GARRY, ROSE and EGAN JR., JJ., concur.