Matter of Zweben

Summary

The Appellate Division, Third Department, partially granted and partially denied the Attorney Grievance Committee's motion concerning attorney Andrew Paul Zweben. The court declined to impose an indefinite suspension based on medical incapacity because the record was insufficient, but suspended Zweben immediately and until further order for failing to comply with lawful investigative demands. The order also requires compliance with suspended-attorney rules and warns that failure to participate in further proceedings within six months may result in disbarment.

Holdings

1. An indefinite suspension based on medical incapacity was not warranted because the limited evidence supported contradictory but equally plausible inferences concerning respondent's capacity and did not establish incapacity.
2. An attorney's substantial failure to comply with the Attorney Grievance Committee's repeated and lawful investigative demands constitutes professional misconduct immediately threatening the public interest and warrants an interim suspension under 22 NYCRR 1240.9.

Questions Presented

1. Whether respondent should receive an indefinite suspension based on alleged medical incapacity under 22 NYCRR 1240.14 (b).
2. Whether respondent's failure to substantially comply with the Attorney Grievance Committee's lawful investigative demands warranted an interim suspension under 22 NYCRR 1240.9 (a) and (a) (3).

Disposition

other