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.
SUPREME COURT, APPELLATE DIVISIONFirst Judicial Department
John W. Sweeny, Jr.,Justice Presiding, Rolando T. Acosta David B. Saxe Helen E. Freedman Nelson S. Roman,Justices.
Disciplinary proceedings instituted by the Departmental Disciplinary Committee for the First Judicial Department. Respondent, Kevin J. McGraw, was admitted to the Bar of the State of New York at a Term of the Appellate Division of the Supreme Court for the First Judicial Department on April 28, 1980.
-1120 (April 1, 2013) IN THE MATTER OF KEVIN J. MCGRAW, AN ATTORNEY
Respondent Kevin J. McGraw was admitted to the practice of law in the State of New York by the First Judicial Department on April 28, 1980, under the name Kevin James McGraw. At all times relevant to these proceedings, respondent maintained an office for the practice of law within the First Judicial Department. By motion dated April 9, 2012, the Departmental Disciplinary Committee sought an order pursuant to 22 NYCRR 603.4(e)(1)(i) immediately suspending respondent from the practice of law, until further order of this Court, based upon his lack of cooperation with the Committee's investigation of professional misconduct commenced after receiving notification from the Lawyers' Fund for Client Protection that a check in the amount of $500,000, drawn from respondent's IOLA account, had been dishonored on July 12, 2011. Respondent failed to answer the sua sponte complaint to produce relevant escrow account records and to appear for a deposition pursuant to subpoena.
The Committee's notice of motion seeking respondent's interim suspension contained the following notice: "PLEASE TAKE FURTHER NOTICE, that pursuant to 22 NYCRR § 603.4(g), an attorney who is suspended under § 603.4(e)(1) and who has not appeared or applied in writing to the Committee or the Court for a hearing or reinstatement for six months from the date of the order of suspension, may be disbarred without further notice."
Respondent failed to appear or answer the motion.
By order entered June 12, 2012, we granted the Committee's motion to the extent of suspending respondent from the practice of law, effective immediately, pursuant to 22 NYCRR 603.4(e)(1)(i), and until further order of the Court (Matter of McGraw, 98 AD3d 1 [1st Dept 2012]).
On August 27, 2012, the Committee received a sworn affidavit of compliance from respondent, attached to an August 23 letter from his newly retained attorney David A. Lewis, Esq., of Hinshaw & Culbertson, LLP. Thereafter, by his counsel, respondent advised the Committee that he was eager to cooperate with the Committee's investigation and requested until October 12, 2012 to submit a response. Three days before the answer to the sua sponte complaint was due, Hinshaw ...