From Casetext: Smarter Legal Research

Matter of Roberts

Appellate Division of the Supreme Court of New York, Third Department
Feb 8, 1996
224 A.D.2d 801 (N.Y. App. Div. 1996)

Opinion

February 8, 1996


Petitioner, the Committee on Professional Standards, moves for an order pursuant to section 806.4 (b) of this Court's rules ( 22 NYCRR 806.4 [b]) suspending respondent from practice pending his compliance with a subpoena duces tecum dated July 6, 1995. Respondent produced documentation and appeared at an examination pursuant to the subpoena. Petitioner pursued its investigation by conducting an audit of respondent's accounts and discovered irregularities. Thereafter, respondent failed to provide further documentation and explanation requested by petitioner and failed to appear at an adjourned examination conducted pursuant to the subpoena. Respondent has also failed to reply to the instant motion. Under such circumstances, we grant the motion and order respondent's suspension pending his full compliance with the subpoena ( see, e.g., Matter of Lyons, 194 A.D.2d 993).

Cardona, P.J., Crew III, White, Peters and Spain, JJ., concur. Ordered that petitioner's motion to suspend respondent pending his full compliance with a subpoena duces tecum dated July 6, 1995, is hereby granted; and it is further ordered that respondent be and hereby is suspended from the practice of law, effective 20 days after the date of this order, pending his full compliance with the subpoena duces tecum dated July 6, 1995, and until further order of this Court; and it is further ordered that for the period of suspension respondent be and hereby 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 he hereby is forbidden to appear as an attorney or counsellor-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 of any advice in relation thereto; and it is further ordered that respondent shall comply with the provisions of section 806.9 of the rules of this Court ( 22 NYCRR 806.9) regulating the conduct of disbarred, suspended or resigned attorneys.


Summaries of

Matter of Roberts

Appellate Division of the Supreme Court of New York, Third Department
Feb 8, 1996
224 A.D.2d 801 (N.Y. App. Div. 1996)
Case details for

Matter of Roberts

Case Details

Full title:In the Matter of SAMUEL W. ROBERTS, an Attorney, Respondent. COMMITTEE ON…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Feb 8, 1996

Citations

224 A.D.2d 801 (N.Y. App. Div. 1996)
637 N.Y.S.2d 944

Citing Cases

Matter of Wojcik

Petitioner, the Committee on Professional Standards, moves to suspend respondent from practice pending his…

Matter of Roberts

May 28, 1998 In February 1996, this Court suspended respondent pending his full compliance with a subpoena…