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In re Gordon

United States Court of Appeals, Second Circuit

March 10, 2015

In re Peter S. Gordon, Attorney

This Court's Committee on Admissions and Grievances has recommended that Peter S. Gordon be disciplined for his misconduct in this Court. We adopt the Committee's findings of fact and recommendations, with certain exceptions, publicly reprimand Gordon, and suspend him from practice before this Court for two months.

For Peter S. Gordon: Pery D. Krinsky, Krinsky, PLLC, New York, New York.

Before: CABRANES, SACK, and WESLEY, Circuit Judges.

OPINION

Page 157

PER CURIAM:

Pursuant to this Court's rules governing attorney discipline, it is hereby ORDERED, ADJUDGED, AND DECREED that the findings and recommendations of this Court's Committee on Admissions and Grievances (the " Committee" ) are adopted, except as discussed below, and Peter S. Gordon is PUBLICLY REPRIMANDED, and SUSPENDED from practice before this Court for two months, for engaging in misconduct in this Court.[1]

I. Summary of Proceedings

We referred Gordon to the Committee for investigation of his conduct in this Court and for preparation of a report on whether he should be subject to disciplinary or other corrective measures. The referral was based primarily on Gordon's defaults in a number of appeals and his filing of motions that were not authorized by any rule of appellate procedure. During the Committee's proceedings, Gordon had the opportunity to address the matters discussed in our referral order and to testify under oath at a hearing held before Committee members Terrence M. Connors, Kim A. Knox, and the Honorable Howard A. Levine. Gordon was represented at the hearing by Pery Krinsky. Thereafter, the Committee filed with the Court the record of the Committee's proceedings and its report and recommendations, as well as the minority report of Committee member Gerald Walpin. Gordon responded to the Committee's reports.

A. The Committee's Findings and Recommendations

The Committee found clear and convincing evidence that Gordon had engaged in misconduct warranting the imposition of discipline. See Majority Report at 12. Specifically, the Committee found that Gordon had (a) filed a number of nearly identical " summary judgment" motions in at least nine cases in this Court that were not authorized by any rule of appellate procedure; (b) failed comply with an April 2011 order directing him to either withdraw the summary judgment motions or explain their legal basis; (c) failed in seventeen cases to file scheduling notification letters, in violation of the Court's rules; (d) failed in eleven cases to comply with deadlines imposed by the Court, resulting in the dismissal of two cases; and (e) failed to oppose the Government's motion for summary affirmance in at least one case. Id. at 6-9.

The Committee also found that Gordon's explanations for his failure to comply with the April 2011 order were " inconsistent, disingenuous, and lacking in credibility," and that his lack of candor during the Committee's hearing violated New York Rule of Professional Conduct 3.3(a)(1), which prohibits a lawyer from knowingly making " a false statement of fact . . . to a tribunal or fail[ing] to correct a false statement of material fact . . . previously made to the tribunal by the lawyer." See id. at 7-8.

After considering several mitigating and aggravating factors, id. at 9-11, the Committee

Page 158

recommended that Gordon be publicly reprimanded and required to attend continuing legal education (" CLE" ) classes in appellate immigration law, id. at 12. In his minority report, Committee member Walpin concurred with the majority in large part, but dissented from several findings bearing on credibility, aggravation, and mitigation, ...


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