Court Notes

May 01, 2003

APPELLATE DIVISION – SECOND DEPARTMENT

Attorney Resignations:

The following attorneys, who are in good standing, with no complaints or charges pending against them, have voluntarily resigned from the practice of law in the State of New York:

Frank R. Agovino, David Scott Forrest, Flora A. Francis, John Myles Hart, Lawrence K. Kolodney

Attorney Resignations/Grievance Investigation Pending:

The following attorneys, who are the subject of ongoing investigations and proceedings by the Grievance Committee, have resigned from the practice of law in the State of New York:

Joshua Berger: Mr. Berger acknowledged that he was the subject of an investigation by the Grievance Committee concerning, inter alia, his neglect of immigration matters he was retained to handle, his failure to return client calls, and his failure to re-register as an attorney with the Office of Court Administration. Mr. Berger stated that he could not successfully defend himself on the merits against these charges, and that he submitted his resignation freely and voluntarily. Mr. Berger indicated that he was aware that any order permitting him to resign could require that he make restitution and reimburse the Lawyers’ Fund for Client Protection. Accordingly, Mr. Berger’s resignation was accepted and he was disbarred from the practice of law in the State of New York.

Robert H. Hirsch: Mr. Hirsch acknowledged that he was the subject of an investigation by the Grievance Committee concerning, inter alia , his failure to diligently pursue a legal matter entrusted to him. Mr. Hirsch stated that he could not successfully defend himself on the merits against these charges, and that he submitted his resignation freely and voluntarily. Mr. Hirsch indicated that he was aware that any order permitting him to resign could require that he make restitution and reimburse any persons whose monies were misappropriated or to reimburse the Lawyers’ Fund for Client Protection. Accordingly, Mr. Hirsch’s resignation was accepted and he was disbarred from the practice of law in the State of New York.

Carl Maza: Mr. Maza acknowledged that he was the subject of an investigation by the Grievance Committee concerning, inter alia , his failure to preserve escrow funds entrusted to him, conversion of escrow funds, failure to maintain required escrow records, and commingling personal funds with client funds. Mr. Maza stated that he could not successfully defend himself on the merits against these charges, and that he submitted his resignation freely and voluntarily. Mr. Maza indicated that he was aware that any order permitting him to resign could require that he make restitution and reimburse the Lawyers’ Fund for Client Protection. Accordingly, Mr. Maza’s resignation was accepted and he was disbarred from the practice of law in the State of New York.

DISBARMENTS AND SUSPENSIONS

10th Judicial Department

Attorneys Suspended:

Gregory D. Abram: The respondent was served with a petition containing six charges of professional misconduct. An answer was filed and a hearing followed. At the conclusion of the hearing the Special Referee sustained four of the six charges against the respondent. The Grievance Committee moved to confirm the report to the extent that it sustained the charges, and to disaffirm the report to the extent that it did not sustain the remaining two charges against the respondent. The record reflected that the charges principally related to the respondent’s alleged failure to comply with an order issued against him within the context of a family court proceeding, for which he was incarcerated on two occasions. Based on the evidence, the Court granted the Grievance Committee’s motion with respect to the four charges sustained by the Special Referee; in all other respects the motion was denied. In determining the appropriate measure of discipline to impose, the Court noted that the respondent had a lengthy disciplinary history consisting of 10 letters of admonition, and four letters of caution. The Court concluded that this history and the present charges revealed a persistent pattern of failing to cooperate with the Grievance Committee and with court orders. As a consequence, the respondent was suspended from the practice of law for a period of two years.

Editor’s Note: The author is currently Counsel to the law firm of Farrell Fritz, P.C. where she concentrates in the field of trusts and estates. In addition, she is a member of the Board of Directors of the Suffolk County Bar Association, and Officer of the Suffolk Academy of Law, and serves as an adjunct professor of law at Touro College, Jacob D. Fuchsberg Law Center, Huntington, New York, where she teaches Trusts and Estates and Trusts and Estates Administration.

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