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In re Stein

Supreme Court of New York, Second Department

November 8, 2017

In the Matter of Jonathan Matthew Stein, an attorney and counselor-at-law, respondent. Attorney Registration No. 4450896

         D53777 G/hu

         APPLICATION pursuant to 22 NYCRR 1240.10 by Jonathan Matthew Stein, who was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the First Judicial Department on November 14, 2006, to resign as an attorney and counselor-at-law.

          Catherine A. Sheridan, Hauppauge, NY (Daniel M. Mitola of counsel), for Grievance Committee for the Tenth Judicial District.

          Jonathan Matthew Stein, Roslyn Heights, NY, respondent pro se.

          RANDALL T. ENG, P.J. WILLIAM F. MASTRO REINALDO E. RIVERA MARK C. DILLON SHERI S. ROMAN, JJ.

          OPINION & ORDER

          PER CURIAM.

         The respondent, Jonathan Matthew Stein, has submitted an affidavit sworn to on July 27, 2017, in support of his application to resign as an attorney and counselor-at-law (see 22 NYCRR 1240.10).

         The respondent acknowledges in his affidavit that he is the subject of an investigation by the Grievance Committee for the Tenth Judicial District involving allegations of professional misconduct, including the breach of his fiduciary duties and misappropriation of funds entrusted to him as a fiduciary. The respondent avers that he cannot successfully defend himself against the allegations based upon the facts and circumstances of his professional conduct. The respondent further acknowledges that his resignation is freely and voluntarily tendered; that he is not being subjected to coercion or duress by anyone; and that he is fully aware of the implications of submitting his resignation, including that the Court's acceptance and approval shall result in the entry of an order of disbarment striking his name from the roll of attorneys and counselors-at-law.

         As to the issue of restitution, the respondent consents to the entry of an order by the Court, pursuant to Judiciary Law § 90(6-a), directing that he make monetary restitution to Joshua Hyman. The respondent also acknowledges that the resignation is submitted subject to any future application that may be made by the Grievance Committee for an order, pursuant to Judiciary Law § 90(6-a), directing that he make restitution or reimburse the Lawyers' Fund for Client Protection of the State of New York, and that he consents to the Court's continuing jurisdiction to make such an order.

         The respondent also acknowledges and agrees that pending the issuance of this order accepting his resignation, he would not undertake to represent any new clients or accept any retainers for future legal services to be rendered and that there will be no transactional activity in any fiduciary account to which he has access, other than for payment of funds held therein on behalf of clients or others entitled to receive them.

         Lastly, the respondent acknowledges that in the event the Court accepts his resignation, the order resulting therefrom and the records and documents filed in relation to the aforementioned charges and allegations, including his affidavit, shall be deemed public records pursuant to Judiciary Law § 90(10).

         The Grievance Committee recommends that the Court grant the respondent's application for resignation.

         Inasmuch as the respondent's application to resign complies with the requirements of 22 NYCRR 1240.10, the application is granted and, effective immediately, the respondent is disbarred, and his name ...


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