Application by the petitioner, the Grievance Committee for the Ninth Judicial District, pursuant to 22 NYCRR 691.3, to impose discipline on the respondent based upon disciplinary action taken him by the Supreme Court of New Jersey. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on May 30, 1984.
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.
A. GAIL PRUDENTI, P.J., WILLIAM F. MASTRO, REINALDO E. RIVERA, STEVEN W. FISHER and RANDALL T. ENG, JJ.
(Attorney Registration No. 1935105)
The application to impose reciprocal discipline is predicated upon an order of the Supreme Court of New Jersey dated August 31, 2009, which disbarred the respondent on consent, effective immediately, struck his name from the roll of attorneys, and permanently enjoined and restrained him from practicing law.
Although served with the 22 NYCRR 691.3 notice by mail on September 9, 2009, the respondent did not raise any of the enumerated defenses or demand a hearing. Thus, there is no impediment to the imposition of reciprocal discipline at this juncture. The New Jersey order merely reflects the disbarrment and directs reimbursement to the Disciplinary Oversight Committee for appropriate administrative costs or actual expenses incurred in the prosecution of the matter. It contains no factual recitation.
In his affidavit consenting to the New Jersey disbarrment, the respondent stated that he had "voluntarily confessed" to misappropriation of a client's funds, all of which were voluntarily repaid in full before the authorities contacted him on this matter. The respondent submits that he had a previously unblemished record. The respondent avers that all funds were taken from a single client and emphasizes that they were voluntarily repaid, including all client expenses, before he was contacted by the authorities.
He expressed the belief that the underlying incident would never have occurred but for the intense pressures in both his personal and professional life in 2008.
Inasmuch as the respondent asserted no defenses to the imposition of reciprocal discipline, the application of the Grievance Committee for the Ninth Judicial District for the imposition of reciprocal discipline is granted and the respondent is disbarred in New York based upon his disbarrment in New Jersey.
PRUDENTI, P.J., MASTRO, RIVERA, FISHER and ENG, JJ., concur.
ORDERED that the petitioner's application is granted; and it is further,
ORDERED that pursuant to Code of Professional Responsibility 22 NYCRR 691.3, effective immediately, the respondent, Philip Brent Hover, is disbarred and his name is stricken from the roll of ...