In re Crumb

Summary

The New York Appellate Division, Fourth Department, granted a petitioner's motion for default judgment in an attorney disciplinary proceeding after the respondent failed to respond to charges or the motion. The court found that the respondent failed to cooperate with misconduct investigations and suspended him from practicing law until further order of the court.

Holdings

1. A respondent who fails to answer a personally served disciplinary petition or oppose a motion for default judgment is deemed to have admitted the charges.
2. The respondent was guilty of the charged professional misconduct because the admitted charges and the petitioner's supporting proof established that he failed to cooperate with disciplinary investigations and failed to appear as directed for an oral admonition.
3. Failure to cooperate with a disciplinary investigation and failure to appear as directed for an oral admonition warranted suspension from the practice of law until further order of the court.

Questions Presented

1. Whether the respondent's failure to answer the disciplinary petition or oppose the motion for default judgment permitted the court to deem the charges admitted.
2. Whether the petitioner's affidavit proof and the admitted charges established professional misconduct.
3. Whether the respondent's failure to cooperate with a disciplinary investigation and failure to appear for an oral admonition warranted suspension until further order of the court.

Disposition

other