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In re Schlitt

Supreme Court of New York, Second Department

December 27, 2017

In the Matter of Carol L. Schlitt, admitted as Carol Lynn Schlitt, an attorney and counselor-at-law. Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, petitioner; Carol L. Schlitt, respondent. Attorney Registration No. 2119667

         D54286 C/htr

          Diana Maxfield Kearse, Brooklyn, NY (Thomas Graham Amon of counsel), for petitioner.

          Scalise & Hamilton LLP, Scarsdale, NY (Deborah A. Scalise of counsel), for respondent.

          RANDALL T. ENG, P.J. WILLIAM F. MASTRO REINALDO E. RIVERA MARK C. DILLON LEONARD B. AUSTIN, JJ.

          OPINION & ORDER

          PER CURIAM.

         APPLICATION pursuant to 22 NYCRR 1240.10 by Carol L. Schlitt, who was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on April 22, 1987, under the name Carol Lynn Schlitt, to resign as an attorney and counselor-at-law. The Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts commenced a disciplinary proceeding pursuant to 22 NYCRR 1240.8 by service upon the respondent and the filing with this Court of a notice of petition dated August 15, 2017, and a verified petition dated August 9, 2017. On August 17, 2017, the Grievance Committee served an order to show cause upon the respondent, seeking, inter alia, an order immediately suspending her from the practice of law pursuant to 22 NYCRR 1240.9(a)(4) and(5), based up on a finding that she is guilty of professional misconduct immediately threatening the public interest.

         The respondent, Carol L. Schlitt, admitted as Carol Lynn Schlitt, has submitted an affidavit sworn to on September 19, 2017, in support of her application to resign as an attorney and counselor-at-law (see 22 NYCRR 1240.10).

         The respondent acknowledges in her affidavit that her resignation is freely and voluntarily rendered, and that she is not being subjected to coercion or duress by anyone. She acknowledges that she is the subject of a disciplinary charge pending before this Court, as set forth in a verified petition dated August 9, 2017, alleging willful misappropriation of money or property. The respondent acknowledges that she could not successfully defend herself against the allegations based up on the facts and circumstances of her professional conduct. Further, she acknowledges that she is fully aware of the implications of submitting her resignation, including that the Court's acceptance and approval shall result in the entry of an order of disbarment striking her 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 she make monetary restitution to Heidi Visser. The respondent also acknowledges that her 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 she make restitution or reimburse the Lawyers ' Fund for Client Protection of the State of New York, and that she consents to the Court 's continuing jurisdiction to make such an order.

         The respondent also acknowledges and agrees that p ending the issuance of this order accepting her resignation, she will not undertake to rep resent 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 she 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 that the Court accepts her resignation, the order resulting therefrom and the records and documents filed in relation to the aforementioned charge and allegations, including her 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 her name is stricken from the roll of attorneys and counselors-at-law. The motion by the Grievance Committee, which, inter alia, seeks to immediately suspend the respondent from the practice of law pursuant to 22 NYCRR 1240.9(a)(4) and (5), is denied as academic. On the Court's own ...


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