In re Mainiero

Summary

The First Department disbarred Joseph J. Mainiero after he failed to cooperate with a disciplinary investigation and failed to seek a hearing or reinstatement within six months of his suspension. The court ordered that his name be stricken from the roll of attorneys and counselors-at-law, effective immediately.

Holdings

1. An attorney suspended under 22 NYCRR 603.4(e)(1)(i) who does not appear or apply for a hearing or reinstatement within six months of the suspension order may be disbarred under 22 NYCRR 603.4(g). Because respondent did not seek a hearing or reinstatement within the required period, the Committee's motion to disbar him was granted.

Questions Presented

1. Whether an attorney suspended under 22 NYCRR 603.4(e)(1)(i) may be disbarred under 22 NYCRR 603.4(g) when the attorney has not appeared or applied in writing for a hearing or reinstatement within six months of the suspension order.

Disposition

other