Matter of Halbfish

Summary

The New York Supreme Court, Appellate Division, Third Department granted the Attorney Grievance Committee’s motion to impose reciprocal discipline on Michael D. Halbfish following his disbarment in New Jersey. The court disbarred Halbfish in New York, struck his name from the roll of attorneys, and ordered him to cease practicing law.

Holdings

1. A respondent who fails to reply to a disciplinary motion or otherwise raise available defenses waives those defenses.
2. Respondent should be disbarred in New York based on his New Jersey disbarment, serious and unrepentant professional misconduct, and failure to participate in the New York proceeding.

Questions Presented

1. Whether respondent's failure to respond to the Attorney Grievance Committee's motion waived the available defenses to reciprocal discipline.
2. Whether respondent should be disbarred in New York based on his disbarment and serious professional misconduct in New Jersey.

Disposition

other