In re Weinstein — 99 A.D.2d 822

Majority

p. 822

In the Matter of Martin J. Weinstein, an Attorney, Respondent. Grievance Committee for the Second and Eleventh Judicial Districts, Petitioner.

In this proceeding to discipline an attorney upon charges of professional misconduct, respondent has failed to appear or answer the petition herein containing the charges, although the time to do so has expired. . Respondent was personally served in this matter. Petitioner also asked that respondent be suspended pending the disciplinary proceeding and for the appointment of a conservator to take custody and inventory the files of the respondent. Petitioner further moved, inter alia, for a default judgment on the ground that respondent failed to appear or to answer the afore-mentioned petition. Although personally served with an order to show cause requiring respondent to show cause why an order should not be entered granting a default judgment, directing that discipline be imposed, and appointing a conservator to take custody and inventory the files of respondent, respondent nevertheless failed to answer. Respondent was admitted to practice by the Supreme Court-, Appellate Division, First Judicial Department, on June 21, 1950. The charges, generally stated, are that respondent grossly neglected

p. 823

clients’ matters entrusted to him, failed to account to a client regarding escrow funds, failed to co-operate with an investigation by the grievance committee pertaining to three different matters, failed to comply with a subpoena and a subpoena duces tecum, and failed to answer the charges herein. The charges, if established, would require respondent’s disbarment. Since he has chosen not to deny the charges and not even to appear in this proceeding, the charges must be deemed established. Petitioner’s motion is therefore granted. Respondent is unfit to be a member of the Bar. He is disbarred and his name is ordered removed from the roll of attorneys and counselors at law, effective forthwith. Martin Siegelbaum, Esq., of 26 Court Street, Brooklyn, New York 11242, is appointed to take custody of respondent’s files, conduct an inventory of said files and report his findings to the court. Mollen, P. J., Titone, Lazer, Mangano and Boyers, JJ., concur.