OPINION OF THE COURT
Respondent Stuart G. Fish was admitted to the practice of
The Departmental Disciplinary Committee seeks an order pursuant to 22 NYCRR 603.4 (e) (1) (i), (iii) and (iv), immediately suspending respondent from the practice of law until further order of the Court based upon his noncooperation with a Committee investigation, uncontested evidence of professional misconduct, and his failure or refusal to pay a judgment. Although served with the instant motion, respondent has not appeared.
The Committee's motion is based upon four complaints filed against respondent alleging that he failed to return monies owed to clients following real estate closings, including a debt reduced to a money judgment, and five dishonored check reports received from the Lawyers' Fund for Client Protection involving his attorney trust account.
On March 27, 2008, after several attempts, the Committee served respondent with a judicial subpoena directing him to appear for a deposition on April 1, 2008. Shortly before the scheduled date, respondent requested an adjournment. The Committee agreed to a brief adjournment on condition that respondent produce the requested IOLA records and answer one of the complaints by April 28, 2008. Respondent did not produce the requested materials and the Committee left him a message informing him that his deposition had been rescheduled to June 6, 2008 with no further adjournments. The message was memorialized in a May 19 letter which also advised respondent that if he failed to appear on the new date, the Committee would proceed with a motion for his interim suspension.
Respondent failed to appear for his June 6 deposition and the Committee left him repeated messages asking him to contact the Committee, but none of the messages were returned. The Committee made a final attempt to obtain respondent's cooperation by serving him with a judicial subpoena duces tecum requiring him to appear for deposition on August 20, and to produce the previously requested IOLA account records for the period at issue. Once again, respondent failed to appear or produce the requested financial records.
The Committee's motion should be granted since respondent's repeated failure to answer the complaints and his failure to comply with the judicial subpoenas "evinces a shocking disregard
Accordingly, the petition should be granted pursuant to 22 NYCRR 603.4 (e) (1) (i), (iii) and (iv), and respondent suspended from the practice of law, effective immediately, and until further order of this Court.
Respondent suspended from the practice of law in the State of New York, effective the date hereof, until such time as disciplinary matters pending before the Committee have been concluded and until further order of this Court.