In re Fisher, Motion No. 2022-02563

CourtNew York Supreme Court Appellate Division
Writing for the CourtPer Curiam
Citation2022 NY Slip Op 05279
PartiesIn the Matter of Jonathan Bruce Fisher, an Attorney and Counselor-at Law: Attorney Grievance Committee for the First Judicial Department, Petitioner, Jonathan Bruce Fisher, Respondent.
Docket NumberMotion No. 2022-02563,Case No. 2005-00137,OCA Atty. Reg. No. 2401503
Decision Date27 September 2022

2022 NY Slip Op 05279

In the Matter of Jonathan Bruce Fisher, an Attorney and Counselor-at Law: Attorney Grievance Committee for the First Judicial Department, Petitioner, Jonathan Bruce Fisher, Respondent.

Motion No. 2022-02563, Case No. 2005-00137, OCA Atty. Reg. No. 2401503

Supreme Court of New York, First Department

September 27, 2022


Disciplinary proceedings instituted by the Attorney Grievance Committee for the First Judicial Department. Respondent was admitted to the Bar of the State of New York at a Term of the Appellate Division of the Supreme Court for the Second Judicial Department on April 24, 1991.

Jorge Dopico, Chief Attorney, Attorney Grievance Committee, New York (Peter Hertzog, Esq., of counsel), for petitioner.

Emery Celli Brinckerhoff Abady Ward & Maazel, LLP by Hal R. Lieberman, Esq., for respondent.

Dianne T. Renwick,J.P., Judith J. Gische Barbara R. Kapnick Cynthia S. Kern Angela M. Mazzarelli, JJ.

Per Curiam

Respondent Jonathan Bruce Fisher was admitted to the practice of law in the State of New York by the Second Judicial Department on April 24, 1991. At all times relevant to this proceeding, he maintained a law office within the First Judicial Department.

In 2007, this Court publicly censured respondent for escrow related misconduct that included nonvenal misappropriation of client funds (43 A.D.3d 173 [1st Dept 2007]).

In June 2022, respondent moved for an order, pursuant to the Rules for Attorney Disciplinary Matters (22 NYCRR) § 1240.10, accepting his resignation as an attorney and counselor-at-law in the State of New York. Thereafter, respondent requested that his resignation be withdrawn, and, by July 6, 2022 unpublished order, we deemed the motion withdrawn.

Now, respondent again asks this Court to accept his disciplinary resignation. The Attorney Grievance Committee (AGC) does not oppose. In support of his application, respondent has submitted his affidavit, which conforms to the format set forth in Appendix A to 22 NYCRR 1240.10. Respondent acknowledges that he is currently the subject of an investigation conducted by the AGC involving allegations of professional misconduct on his part. He acknowledges that the allegations include at least the following acts of professional misconduct: he willfully misappropriated escrow funds in the sum of $600,000 in a client matter involving a real estate transaction, he returned all of the escrowed funds to the client prior to the commencement of...

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