September 26, 2013
In the Matter of Yves-Merry Telemaque, an attorney and counselor-at-law: Departmental Disciplinary Committee for the First Judicial Department, Petitioner, Yves-Merry Telemaque, Respondent.
Disciplinary proceedings instituted by the Departmental Disciplinary Committee for the First Judicial Department. Respondent, Yves-Merry Telemaque, was admitted to the Bar of the State of New York at a Term of the Appellate Division of the Supreme Court for the Second Judicial Department on August 23, 1995.
Jorge Dopico, Chief Counsel, Departmental Disciplinary Committee, New York (Kaylin L. Whittingham, of counsel), for petitioner.
Richard Grayson, for respondent.
Dianne T. Renwick, Justice Presiding, Leland G. DeGrasse, Helen E. Freedman, Rosalyn H. Richter, Sallie Manzanet-Daniels, Justices.
Respondent Yves-Merry Telemaque was admitted to the practice of law in the State of New York by the Second Judicial Department on August 23, 1995. At all times relevant to this proceeding, she maintained an office for the practice of law within the First Judicial Department.
In accordance with (22 NYCRR) § 603.11, the Departmental Disciplinary Committee moves for an order accepting respondent's affidavit of resignation from the practice of law and striking her name from the roll of attorneys. Respondent has not responded.
Respondent's affidavit, sworn to on June 20, 2013, complies with section 603.11 in that she states that her resignation is submitted freely, voluntarily and without coercion or duress, that she is fully aware of the implications of submitting her resignation (including that her name will be stricken from the roll of attorneys and she cannot reapply to the New York bar for seven years), that she is aware that there is a pending disciplinary investigation commenced against her alleging that she converted client funds, and that if the Committee brought charges predicated upon the misconduct under investigation, she would be unable to successfully defend herself on the merits against the allegations (see 22 NYCRR 603.11[a]-).
Specifically, respondent acknowledges that, with respect to the allegation of conversion
"[o]n March 13, 2007, I was appointed successor guardian to Cleo Veal, who later passed away on November 11, 2008. On November 7, 2008, I sold her residence. I deposited the proceeds from the sale which totaled $315, 093.44 into my IOLA account. Thereafter, I failed to turn over $214, 322.44 entrusted to me from the sale of the decedent's residence. I was not authorized to use any of the monies for my own personal use, and was obligated to turn over all funds for the decedent to the Queens County Public Administrator."
Respondent asserts that she is arranging with the Queens County Public Administrator to repay the money she converted and acknowledges that if the Lawyers' Fund for Client Protection pays out a claim for these converted funds, then she is obligated to reimburse the Fund. Respondent has consulted with counsel of her choice and has determined that it is appropriate to submit her resignation at this time.
Accordingly, the Committee's motion is granted, respondent's resignation from the practice of law is accepted, and her name is hereby stricken from the roll of attorneys nunc pro tunc to June 20, 2013.