Matter of Kalpakis
| Decision Date | 29 September 2009 |
| Docket Number | 2008-06697 |
| Citation | 885 N.Y.S.2d 748,67 A.D.3d 185 |
| Parties | In the Matter of JAMES G. KALPAKIS, a Suspended Attorney, Respondent. GRIEVANCE COMMITTEE FOR THE TENTH JUDICIAL DISTRICT, Petitioner. |
| Court | New York Supreme Court — Appellate Division |
Rita E. Adler, Hauppauge (Robert H. Cabble of counsel), for petitioner.
Edwin J. Mulhern, Carle Place, for respondent.
In his affidavit, the respondent acknowledges his inability to successfully defend himself on the merits of any of the disciplinary charges which have been initiated against him by the Grievance Committee for the Tenth Judicial District (hereinafter the Grievance Committee) as described in the petition. The Grievance Committee informed the respondent that additional allegations of professional misconduct are under investigation and would be prosecuted in a disciplinary proceeding to be recommended to the Court.
The respondent acknowledges that the opinion and order of this Court dated April 11, 2005, directed him, inter alia, to "desist and refrain" from practicing law in any form (Matter of Kalpakis, 18 AD3d 73, 80 [2005]). Other than a decision and order on motion of this Court dated June 24, 2005, which extended the effective date of his suspension to June 30, 2005, the Court has not issued any order permitting the respondent to engage in the practice of law or modifying the order of suspension. The respondent has, nevertheless, practiced law after the effective date of his suspension by holding himself out as an attorney in connection with real estate transactions and by appearing as an attorney for the plaintiff in an action in the Supreme Court, Nassau County on or about June 4, 2008, under index No. 010269/08.
The respondent concedes that based upon those three instances of practicing law after the effective date of his suspension, he is in contempt of this Court's order dated April 11, 2005, in violation of Judiciary law § 750 (A) (3) and (B) and § 753 (A) (4). He acknowledges his inability to successfully defend himself on the merits of any of the disciplinary charges which would be initiated against him by the Grievance Committee based upon his contempt. The respondent further avers that his resignation is freely and voluntarily tendered and that he is not being subjected to coercion or duress by anyone. He has discussed his decision to resign with his attorney as well as others whose advice and counsel he respects, and is fully aware of the implications of its submission, including being barred by Judiciary Law § 90 and the Rules of the Appellate Division from seeking reinstatement for a period of at least seven years.
The respondent avers that his resignation is submitted subject to any application which could be made by the Grievance Committee for an order directing that he make restitution and that he reimburse the Lawyers' Fund for Client Protection, pursuant to Judiciary Law § 90 (6-a). He acknowledges the continuing jurisdiction of the Court to make such an order, which could be entered as a civil judgment against him, and he specifically waives the opportunity afforded him by Judiciary Law § 90 (6-a) (f) to be heard in opposition thereto.
The Grievance Committee recommends acceptance of the proffered resignation....
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In re Barry
...198 A.D.3d 1255155 N.Y.S.3d 472In the MATTER OF Peter Hughes BARRY, a Suspended Attorney.(Attorney Registration No. 4260097)PM14421Supreme Court, Appellate Division, Third Department, New ... , 175 A.D.2d 396, 398, 572 N.Y.S.2d 467 [1991], appeal dismissed 78 N.Y.2d 1124, 578 N.Y.S.2d 880, 586 N.E.2d 63 [1991] ; see also Matter of Kalpakis, 67 A.D.3d 185, 187, 885 N.Y.S.2d 748 [2009] ). Moreover, where, as here, the contempt motion seeks expedited relief in the absence of a fact-finding ... ...
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In re Mahar
...200 A.D.3d 1295157 N.Y.S.3d 613In the MATTER OF Lawrence Joseph MAHAR, a Suspended Attorney.(Attorney Registration No. 1138817)PM17421Supreme Court, Appellate Division, Third Department, New ... , 175 A.D.2d 396, 398, 572 N.Y.S.2d 467 [1991], appeal dismissed 78 N.Y.2d 1124, 578 N.Y.S.2d 880, 586 N.E.2d 63 [1991] ; see also Matter of Kalpakis, 67 A.D.3d 185, 187, 885 N.Y.S.2d 748 [2009] ). Because a contempt proceeding such as the one before us is conducted in the absence of a hearing, we ... ...
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In re Barry, PM–165–19
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In re Barry
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