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In re Kriz (N.Y.App.Div. 11/26/2008)

NEW YORK SUPREME COURT, APPELLATE DIVISION, THIRD DEPARTMENT


November 26, 2008

IN THE MATTER OF JOSEPH KRIZ, AN ATTORNEY.
COMMITTEE ON PROFESSIONAL STANDARDS, PETITIONER;
v.
JOSEPH KRIZ, RESPONDENT. (ATTORNEY REGISTRATION NO. 2499697)

Per curiam.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Calendar Date: October 20, 2008

Before: Cardona, P.J., Spain, Rose, Malone Jr. and Stein, JJ.

MEMORANDUM AND ORDER

Respondent was admitted to practice by this Court in 1992. He was previously admitted in Connecticut in 1991, where he maintained an office for the practice of law.

In accordance with Connecticut statute (see Ct Gen Stat Ann, Practice Book § 2-52), respondent tendered his resignation from the Connecticut bar and waived the privilege of applying for readmission to that state's bar at any time in the future. By order dated March 27, 2008, the Connecticut Superior Court, Judicial District of Stamford, accepted respondent's resignation and waiver. At the time of his resignation, disciplinary investigations were pending against respondent in Connecticut. One investigation involved allegations that respondent misappropriated over $328,000 of his clients' loan proceeds during the course of a mortgage loan refinance transaction, and issued a false title letter to the title company insuring this transaction.

Petitioner moves for an order of reciprocal discipline (see 22 NYCRR 806.19). Respondent has not replied to the motion.

We grant petitioner's motion and conclude that the interest of justice warrants his disbarrment in this state (see Matter of Schwartz, 290 AD2d 802 [2002]).

Cardona, P.J., Spain, Rose, Malone Jr. and Stein, JJ., concur.

ORDERED that petitioner's motion is granted; and it is further

ORDERED that respondent is disbarred and his name is stricken from the roll of attorneys and counselors-at-law of the State of New York, effective immediately; and it is further

ORDERED that respondent is commanded to desist and refrain from the practice of law in any form, either as principal or as agent, clerk or employee of another; and respondent is hereby forbidden to appear as an attorney or counselor-at-law before any court, judge, justice, board, commission or other public authority, or to give to another an opinion as to the law or its application, or any advice in relation thereto; and it is further

ORDERED that respondent shall comply with the provisions of this Court's rules regulating the conduct of disbarred attorneys (see 22 NYCRR 806.9).

20081126

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