Summary
This Appellate Division, Second Department opinion addresses a motion by the Grievance Committee for the Ninth Judicial District to confirm a Special Referee's report recommending attorney discipline following the respondent's conviction for driving while intoxicated. After reviewing the record, including the respondent's guilty plea, interim probation conditions, and subsequent rehabilitation efforts, the Court found that the respondent failed to demonstrate why suspension, censure, or disbarment should not be imposed. Consequently, the Court granted the Grievance Committee's motion, denied the respondent's cross-motion, and ordered a six-month suspension from the practice of law.
Topics
Practice areas
Questions Presented
- Whether the Special Referee properly concluded that the respondent failed to meet his burden to avoid a final order of suspension, censure, or disbarment based on his DWI conviction
- Whether the respondent should be suspended from the practice of law for six months
Holdings
- The Special Referee properly concluded that the respondent failed to meet his burden, and the Court granted the Grievance Committee's motion to confirm the report.
- The respondent is suspended from the practice of law for a period of six months, commencing September 26, 2025.
Key quotations
“We find that the Special Referee properly concluded that the respondent failed to meet his burden of establishing why this Court should not issue a final order of suspension, censure, or disbarment based on his conviction of Vehicle and Traffic Law § 1192(3) on January 24, 2023.” (*1)
“Under the totality of the circumstances, we find that the respondent's conduct warrants his suspension from the practice of law for a period of six months.” (*1)
Factual background
William James Furber III, an attorney, was arrested after a single‑vehicle accident that injured his minor daughter. He was convicted of driving while intoxicated (Vehicle and Traffic Law § 1192(3)). He completed probation conditions, community service, and treatment, but the Grievance Committee sought suspension, censure, or disbarment. The Special Referee found Furber had not met his burden to avoid discipline.
Procedural history
The Grievance Committee sought a disciplinary order based on the respondent's DWI conviction. A Special Referee conducted a hearing and issued a report on May 14, 2024 finding no basis to avoid suspension. The Appellate Division reviewed the report and the motions.