In re Malinou, 111717 RISC, 2017-95-M.P.

Docket Nº:2017-95-M.P.
Party Name:In the Matter of Martin S. Malinou.
Attorney:For Petitioner: Barbara Margolis, Esq. Deputy Disciplinary Counsel. For Respondent: Martin Malinou, Pro Se.
Judge Panel:Suttell, C.J., Flaherty, Robinson, and Indeglia, JJ. Justice Goldberg
Case Date:November 17, 2017
Court:Supreme Court of Rhode Island
 
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In the Matter of Martin S. Malinou.

No. 2017-95-M.P.

Supreme Court of Rhode Island

November 17, 2017

          For Petitioner: Barbara Margolis, Esq. Deputy Disciplinary Counsel.

          For Respondent: Martin Malinou, Pro Se.

          Suttell, C.J., Flaherty, Robinson, and Indeglia, JJ.

          ORDER

         This attorney discipline matter came before the Court at its conference on October 18, 2017. On September 26, 2017, this Court's Disciplinary Board (board) forwarded to the Court a decision and recommendation that the respondent, Martin S. Malinou, be suspended from the practice of law for a minimum of ninety days and that he not be reinstated until such time as he deposits the sum of $33, 107.33 into the Registry of the Superior Court.

         Article III, Rule 6(d) of the Supreme Court Rules of Disciplinary Procedure provides, in pertinent part: "If the [Disciplinary] Board determines that a proceeding should be *** concluded by public censure, suspension or disbarment, it shall submit its findings and recommendations, together with the entire record, to this Court. This Court shall review the record and enter an appropriate order."

         We directed the respondent to show cause, if any, why we should not impose the discipline recommended by the board. Having heard the representations of the respondent and this Court's Disciplinary Counsel and having reviewed the record, we deem that cause has not been shown, and we adopt the board's recommendation.

         The relevant facts as determined by the board are as follows. Ida and Yolanda D'Amore were elderly sisters residing in a nursing home in Cranston, Rhode Island. On February 13, 2014, a petition to appoint temporary guardians was filed in the Cranston probate court alleging that the sisters were no longer competent to handle their personal and financial affairs. On February 18, 2014, the court entered an order appointing Donald M. D'Amore and Barbara H. Neri to serve as temporary co-guardians over the person and the estate of both D'Amore sisters, and the matter was continued to determine whether the appointment of the temporary co-guardians should become permanent.

         The respondent entered his...

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