October 23, 2013
In the Matter of James W. Miskowski, admitted as James William Miskowski, an attorney and counselor- at-law. Grievance Committee for the Ninth Judicial District, petitioner; James W. Miskowski, respondent. Attorney Registration No. 1746874
APPLICATION by the Grievance Committee for the Ninth Judicial District pursuant to 22 NYCRR 691.3 to impose discipline on the respondent based upon disciplinary action taken by the Supreme Court of New Jersey. The respondent was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the First Judicial Department on March 17, 1975, under the name James William Miskowski. Gary L. Casella, White Plains, N.Y. (Antonia Cipollone of counsel), for petitioner.
RANDALL T. ENG, P.J., WILLIAM F. MASTRO, REINALDO E. RIVERA, PETER B. SKELOS, SHERI S. ROMAN, JJ.
OPINION & ORDER
By corrected order of the Supreme Court of New Jersey dated March 8, 2011, the respondent was reprimanded in New Jersey based on his violation of rule 1.15(a) of the New Jersey Rules of Professional Conduct (hereinafter the RPC) for failing to safeguard client funds, as well as rule 1.15(d) of the RPC and rule 1:21-6 of the New Jersey Court Rules for record-keeping violations.
A notice pursuant to 22 NYCRR 691.3 was served upon the respondent, by mail, on January 17, 2013, affording him an opportunity to file a verified statement setting forth any of the defenses enumerated under 22 NYCRR 691.3(c) and a written demand for a hearing, and advising him that if he did not file a verified statement and request a hearing, this Court would impose such discipline or take such disciplinary action as it deemed appropriate (see 22 NYCRR 691.3[b]).
Inasmuch as the respondent has not filed a verified statement setting forth any of the defenses to the imposition of discipline enumerated in 22 NYCRR 691.3(c) or a request for a hearing, there is no impediment to the imposition of reciprocal discipline.
Under the totality of the circumstances, the respondent is publicly censured in New York.
ENG, P.J., MASTRO, RIVERA, SKELOS and ROMAN, JJ., concur.
ORDERED that the petitioner's application to impose reciprocal discipline pursuant to 22 NYCRR 691.3 is granted; and it is further,
ORDERED that pursuant to 22 NYCRR 691.3, the respondent, James W. Miskowski, admitted as James William Miskowski, is publicly censured for his professional misconduct.