Matter of Murray-Nolan

Summary

The Appellate Division, First Department imposed reciprocal discipline on attorney Gwyneth Kathleen Murray-Nolan based on a public censure issued by the Supreme Court of New Jersey. The court determined that the New Jersey misconduct, involving a conflict of interest and submission of documents in a client's name without approval, constituted misconduct in New York. The court granted the Attorney Grievance Committee's motion and denied Murray-Nolan's motion to dismiss.

Holdings

1. Respondent did not establish any permissible defense to reciprocal discipline because she received notice and an opportunity to be heard in New Jersey, the record contained sufficient proof of misconduct, and the misconduct would constitute misconduct in New York.
2. A respondent's pending legal-malpractice action against former disciplinary counsel does not establish an infirmity of proof and does not warrant staying adjudication of reciprocal discipline.
3. Public censure was the appropriate New York sanction because it was commensurate with the discipline imposed in New Jersey.

Questions Presented

1. Whether respondent established any defense to reciprocal discipline under 22 NYCRR 1240.13.
2. Whether the misconduct for which respondent was disciplined in New Jersey would constitute misconduct in New York.
3. Whether respondent's pending legal-malpractice action against her New Jersey counsel warranted dismissal or a stay of the reciprocal-discipline proceeding.
4. What sanction should be imposed in New York based on the discipline imposed in New Jersey.

Disposition

other