State of New York Supreme Court, Appellate Division Third Judicial Department
February 23, 2012
IN THE MATTER OF DAVID S. DEL BOCCIO, AN ATTORNEY.
COMMITTEE ON PROFESSIONAL
PETITIONER; DAVID S. DEL BOCCIO, RESPONDENT.
MEMORANDUM AND ORDER STANDARDS,
(Attorney Registration No. 4428447)
Calendar Date: January 23, 2012
Before: Lahtinen, J.P., Spain, Malone Jr., Stein and Garry, JJ.
Respondent was admitted to practice by this Court in 2006. He maintained an office for the practice of law in Michigan. He currently resides and is employed in Qatar.
Respondent admitted to professional misconduct in Michigan and consented to discipline. He was suspended from the practice of law in that jurisdiction for a period of one year, effective August 16, 2011. According to the stipulation for consent order of discipline in Michigan, respondent failed to promptly pay or deliver funds that a third person was entitled to receive, knowingly disobeyed an obligation under the rules of a tribunal, engaged in conduct prejudicial to the proper administration of justice, and engaged in conduct that exposes the legal profession or the courts to obloquy, contempt, censure or reproach. In mitigation, respondent had no prior adverse disciplinary record, there was an absence of dishonest or selfish motive, and he expressed remorse.
Petitioner moves for an order imposing discipline pursuant to this Court's rules (see 22 NYCRR 806.19). Respondent has not replied to or otherwise appeared in response to the motion, which was served upon him by international mail and electronically. We grant the motion.
Having considered the conduct which gave rise to respondent's discipline in Michigan and having due regard for the discipline imposed in Michigan, we conclude that, in the interest of justice, the same discipline should be imposed by this Court as was imposed in Michigan, i.e., a suspension from the practice of law for a period of one year.
Lahtinen, J.P., Spain, Malone Jr., Stein and Garry, JJ., concur.
ORDERED that petitioner's motion is granted; and it is further
ORDERED that respondent is suspended from the practice of law for a period of one year, effective immediately, and until further order of this Court; and it is further
ORDERED that, for the period of suspension, 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 suspended attorneys (see 22 NYCRR 806.9).
Robert D. Mayberger
Clerk of the Court
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