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In re Powers

Supreme Court of New York, Third Department

August 22, 2013

In the Matter of MICHAEL J. POWERS, an Attorney. COMMITTEE ON PROFESSIONAL STANDARDS, Petitioner; MICHAEL J. POWERS, Respondent. (Attorney Registration No. 1951847)

Calendar Date: June 17, 2013

Michael G. Gaynor, Acting Chief Attorney, Committee on Professional Standards, Albany (Elizabeth M. Devane of counsel), for petitioner.

Michael J. Powers, Norwood, Massachusetts, respondent pro se.

Before: Peters, P.J., Rose, Spain and Garry, JJ.

MEMORANDUM AND ORDER

PER CURIAM.

Respondent was admitted to practice by this Court in 1984 and maintains an office for the practice of law in Massachusetts.

By order dated February 21, 2013, the Board of Bar Overseers of the Massachusetts Supreme Judicial Court publicly reprimanded respondent for improperly managing his attorney trust account.

As a result of the discipline imposed in Massachusetts, petitioner moves for an order imposing discipline pursuant to this Court's rules (see 22 NYCRR 806.19). Respondent has filed a reply affidavit that we conclude does not establish any of the available defenses to the imposition of discipline (see 22 NYCRR 806.19 [d]), and we therefore grant petitioner's motion.

Having considered all of the circumstances presented, including due consideration of respondent's misconduct and the discipline imposed in Massachusetts, we conclude that respondent should be censured in this state (see e.g. Matter of Weissman, 32 A.D.3d 1150 [2006]).

Peters, P.J., Rose, Spain and Garry, JJ., concur.

ORDERED that petitioner's motion is granted; and it is further

ORDERED that respondent is hereby censured.


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