In re Bakst

• Decision Date: 04 May 2016
• Docket Number: 2014-08028
• Citation: 30 N.Y.S.3d 683,140 A.D.3d 31,2016 N.Y. Slip Op. 03504
• Parties: In the Matter of Elliott BAKST, a suspended attorney. Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, petitioner; Elliott Bakst, respondent.
• Court: New York Supreme Court — Appellate Division

140 A.D.3d 31

30 N.Y.S.3d 683

2016 N.Y. Slip Op. 03504

In the Matter of Elliott BAKST, a suspended attorney. Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, petitioner; Elliott Bakst, respondent.

2014-08028

Supreme Court, Appellate Division, Second Department, New York.

May 4, 2016.

Diana Maxfield Kearse, Brooklyn, N.Y. (Colette M. Landers of counsel), for petitioner.

RANDALL T. ENG, P.J., MARK C. DILLON, RUTH C. BALKIN, JOHN M. LEVENTHAL, and SYLVIA O. HINDS–RADIX, JJ.

PER CURIAM.

By decision and order on motion of this Court dated December 10, 2015, on the Court's own motion, the decision and order of this Court dated August 28, 2015, was recalled and vacated, and the respondent was suspended from the practice of law, nunc pro tunc, to August 28, 2015, pursuant to 22 NYCRR 691.4(l )(1)(ii) and (iii), based upon his substantial admissions under oath and other uncontroverted evidence of professional misconduct. Further, the Grievance Committee was authorized to institute and prosecute a disciplinary proceeding against the respondent, based upon a verified petition dated February 10, 2015. That petition, which was duly served upon the respondent, contains seven charges alleging, among other things, that the respondent misappropriated funds entrusted to him as a fiduciary in connection with two real estate transactions; made cash withdrawals from his attorney escrow account; failed to satisfy a judgment in connection with the return of a real estate down payment; knowingly made false and/or misleading statements during an investigation by the Grievance Committee; and failed to re-register as an attorney with the Office of Court Administration for the 2012–2013 and 2014–2015 registration periods.

The respondent was directed to serve and file an answer to the verified petition within 20 days after service upon him of the decision and order on motion dated December 10, 2015. The issues raised by the verified petition, and any answer thereto, were referred to the Honorable Jerome Becker, as Special Referee, to hear and report.

On December 21, 2015, the Grievance Committee served a copy of this Court's decision and order on motion dated December 10, 2015, upon the respondent, and an affidavit of service was duly filed with this Court. To date, the respondent has failed to serve and file an answer to the verified petition, as directed.

The Grievance Committee now moves to deem the charges against the respondent established, and to impose such discipline upon him as this Court deems appropriate, based upon his default. Although the motion papers were served upon the respondent on January 22, 2016, he has neither opposed the instant...