State of New York Supreme Court, Appellate Division Third Judicial Department
December 13, 2012
IN THE MATTER OF WILFREDO PESANTE, A SUSPENDED ATTORNEY. COMMITTEE ON PROFESSIONAL STANDARDS, PETITIONER; WILFREDO PESANTE, RESPONDENT.
Peter M. Torncello, Committee on Professional Standards, Albany (Elizabeth M. Devane of counsel), for petitioner.
MEMORANDUM AND ORDER
(Attorney Registration No. 2731693)
Calendar Date: October 29, 2012
Before: Lahtinen, J.P., Malone Jr., Kavanagh, Stein and McCarthy, JJ.
Respondent was admitted to practice by this Court in 1996. He maintained an office for the practice of law in the District of Columbia, where he was admitted to practice in 1998.
By decision entered October 13, 2011, this Court indefinitely suspended respondent from the practice of law based upon his temporary suspension by the District of Columbia, as well as respondent's professional misconduct in failing to notify this Court of his temporary suspension (Matter of Pesante, 88 AD3d 1059 .
Petitioner now moves for an order imposing discipline pursuant to this Court's rules (see 22 NYCRR 806.19) as a result of respondent's subsequent disbarrment in the District of Columbia, upon respondent's consent. Respondent, having not replied to petitioner's motion or otherwise appeared in this matter, has failed to raise any available defenses (see 22 NYCRR 806.19 [d]), and we therefore grant petitioner's motion. We further conclude that, under the circumstances presented and in the interest of justice, respondent should be disbarred in this state.
Lahtinen, J.P., Malone Jr., Kavanagh, Stein and McCarthy, 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).
Robert D. Mayberger Clerk of the Court
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