Matter of Bailey

Summary

The New York Supreme Court, Appellate Division, Third Department granted an Attorney Grievance Committee motion to impose reciprocal discipline on Eric B. Bailey based on a New Jersey reprimand. The court suspended Bailey from practicing law in New York for 30 days, effective immediately, and required any reinstatement application to include proof of restoration to active status in New Jersey.

Holdings

1. Because respondent did not reply to the reciprocal-discipline motion or raise any available defenses, the motion should be granted and discipline imposed in New York.
2. A 30-day suspension from the practice of law in New York was appropriate.
3. Any future application for reinstatement must include proof that respondent has been restored to active status to practice law in New Jersey.

Questions Presented

1. Whether New York should impose reciprocal discipline based on the discipline imposed on respondent by the Supreme Court of New Jersey.
2. What sanction was appropriate in light of respondent's underlying misconduct, failure to file the New Jersey disciplinary order, and failure to respond to the New York disciplinary motion.
3. Whether any future application for reinstatement must include proof that respondent has been restored to active practice status in New Jersey.

Disposition

other