Matter of Fox

Summary

The Appellate Division, First Department granted the Attorney Grievance Committee's renewed motion to disbar Stephen L. Fox under 22 NYCRR 1240.9(b). The court found that Fox failed to provide requested investigative documents or otherwise participate in proceedings more than six months after his interim suspension, and ordered that his name be stricken from the roll of attorneys effective immediately.

Holdings

1. A respondent may be disbarred without further proceedings under 22 NYCRR 1240.9(b) when more than six months have elapsed since an interim suspension order and the respondent has failed to respond to or appear for further investigatory or disciplinary proceedings. Because respondent failed to comply with the Committee's investigative demands and the Court's additional 30-day opportunity to cure, disbarment was warranted.
2. Partial production of requested material and unsupported explanations do not prevent disbarment where the respondent has failed to provide the documents necessary for the disciplinary investigation and has not meaningfully complied with the Court's directive.

Questions Presented

1. Whether respondent should be disbarred without further proceedings under 22 NYCRR 1240.9(b) because more than six months had elapsed since his interim suspension and he had failed to respond to or appear for further investigatory or disciplinary proceedings.
2. Whether respondent's partial production, unsupported explanations, and claim that he was the victim of financial fraud warranted denial of the renewed disbarment motion.

Disposition

other