Matter of Resnick

Summary

The Appellate Division, First Department granted the Attorney Grievance Committee's motion for reciprocal discipline against Barbara Jayne Resnick. Based on her Connecticut public reprimand for holding herself out as an attorney while administratively suspended, the court publicly censured her in New York.

Holdings

1. None of the defenses authorized by 22 NYCRR 1240.13(b) was available because respondent received notice and an opportunity to be heard, the Connecticut determination was supported by her own admission, and the misconduct would constitute professional misconduct in New York.
2. Public censure was the appropriate New York sanction because it was commensurate with Connecticut's public reprimand and consistent with First Department precedent addressing comparable misconduct.

Questions Presented

1. Whether respondent was subject to reciprocal discipline in New York based on Connecticut's public reprimand.
2. Whether any of the defenses under 22 NYCRR 1240.13(b)—lack of due process, infirmity of proof, or conduct not constituting misconduct in New York—was available.
3. What sanction should be imposed in New York.

Disposition

other