Erlin, Matter of
| Decision Date | 10 March 1987 |
| Citation | 126 A.D.2d 83,513 N.Y.S.2d 1 |
| Parties | In the Matter of Jerome J. ERLIN (admitted as Jerome Erlin), an attorney and counselor-at-law: Departmental Disciplinary Committee for the First Judicial Department, Petitioner, Jerome J. Erlin (admitted as Jerome Erlin), Respondent. |
| Court | New York Supreme Court — Appellate Division |
Alan S. Phillips, New York City, of counsel (Michael A. Gentile, New York City, attorney), for petitioner.
No appearance on behalf of respondent.
Before SANDLER, J.P., and ROSS, ASCH, KASSAL and WALLACH, JJ.
Petitioner, the Departmental Disciplinary Committee for the First Department, seeks an order suspending respondent from practice pursuant to 22 NYCRR 603.4(e)(1)(i) pending resolution of the charges against him.
Respondent was admitted to practice in the Second Department on May 8, 1958 and maintains an office for the practice of law in the First Department.
On March 24, 1986, the Committee received a complaint which charged respondent with neglect and professional misconduct in connection with a landlord-tenant matter. The Committee mailed a copy of the complaint to respondent on April 4, 1986, requesting the submission of a written answer. No response was received either to this letter or to a follow-up letter on May 1, 1986. On May 14, 1986, the Committee sent a third letter, reminding respondent of his failure to answer the complaint, requesting response by May 21, 1986 and referring him to recent Appellate Division decisions which had suspended attorneys for failure to cooperate with the Committee in its investigation (Matter of Mandel, 94 A.D.2d 278, 464 N.Y.S.2d 168; Matter of Staller, 94 A.D.2d 119, 463 N.Y.S.2d 459; Matter of Swirsky, 93 A.D.2d 127, 461 N.Y.S.2d 39). No response was ever received from respondent.
On November 6, 1986, a judicial subpoena duces tecum, issued by this Court, was personally served upon respondent, directing him to appear at the Committee's offices on November 12, 1986 and to produce his complete file in connection with the complaint. Respondent neither appeared nor requested an adjournment and, to date, has not communicated with the Committee. Respondent has similarly defaulted on this application to suspend him from the practice of law until such time as the matter pending before the Committee has been concluded.
Under the circumstances, the motion to suspend should be granted. Respondent's total disregard of the letter inquiries and the subpoena clearly...
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Committee on Legal Ethics of the West Virginia State Bar v. Martin
...disciplinary rules, the attorney's license was suspended, and he was ordered to pay the costs of the proceeding. See In re Erlin, 126 A.D.2d 83, 513 N.Y.S.2d 1 (1987) (attorney suspended from practice of law until such time as ethics complaint against him was disposed of, for attorney's fai......
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Valdes, Matter of
...this court--Matter of Linn, 129 A.D.2d 219, 517 N.Y.S.2d 154, Matter of Jackson, 128 A.D.2d 150, 515 N.Y.S.2d 465, and Matter of Erlin, 126 A.D.2d 83, 513 N.Y.S.2d 1--suspending attorneys pursuant to that rule for failure to cooperate. Again no response, but this time the Committee reacted ......
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Teah, Matter of
...A.D.2d 31, 559 N.Y.S.2d 4 [1st Dept.1990]; Matter of Gordon, 142 A.D.2d 135, 534 N.Y.S.2d 951 [1st Dept.1988]; Matter of Erlin, 126 A.D.2d 83, 513 N.Y.S.2d 1 [1st Dept.1987]. Accordingly, the Committee's motion, pursuant to 22 NYCRR § 603.4(e)(1)(i) and (iii) of the rules of this Court, is ......
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King, Matter of
...warrants suspension from practice pending investigation of the charges (Matter of Linn, 129 A.D.2d 219, 517 N.Y.S.2d 154; Matter of Erlin, 126 A.D.2d 83, 513 N.Y.S.2d 1). Respondent's conduct evinces a shocking disregard for the judicial process and its system of disciplinary oversight, and......