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In re McGraw

Supreme Court of New York, First Department

May 14, 2013

In the Matter of Kevin J. McGraw (admitted as Kevin James McGraw), a suspended attorney: Departmental Disciplinary Committee for the First Judicial Department, Petitioner, Kevin J. McGraw, Respondent.

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.

(Elisabeth A. Palladino, of counsel), for petitioner.

No appearance for respondent.

John W. Sweeny, Jr., Justice Presiding, Rolando T. Acosta, David B. Saxe, Helen E. Freedman, Nelson S. Román, Justices.

PER CURIAM

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 ...

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