Appellate Division of the Supreme Court of New York, 1994

In re Osborne

Appellate Division of the Supreme Court of New York · Decided March 11, 1994

196 A.D.2d 177; 609 N.Y.S.2d 747; 1994 N.Y. App. Div. LEXIS 3540

Counsel

APPEARANCES OF COUNSEL, Daniel A. Drake, Rochester, for petitioner., Martin E. Osborne, Decatur, Georgia, respondent pro se.

Opinion of the Court

OPINION OF THE COURT

Per Curiam.

Respondent was admitted to practice by this Court on January 11, 1990. Pursuant to an order of this Court entered *178November 15, 1993, the petition in this matter was served on respondent by publication and by mailing a copy thereof to several addresses in Georgia and Maryland previously used by him.

The petition alleges that respondent converted $19,329.79, representing a portion of the proceeds of a personal injury action settlement intended to satisfy a lien held by the Monroe County Department of Social Services. Respondent’s failure to appear, answer, or otherwise move against the petition constitutes an admission of those charges (Matter of Schweitzer, 189 AD2d 61; Matter of Coughlin, 188 AD2d 1; Matter of Supples, 102 AD2d 699). Accordingly, respondent is guilty of violating Code of Professional Responsibility DR 1-102 (A) (4), (5), (7) and DR 9-102 (A), (B), (C) (22 NYCRR 1200.3 [a] [4], [5], [7]; 1200.46 [a], [b], [c]) and should be disbarred.

Denman, P. J., Green, Fallon, Callahan and Doerr, JJ., concur.

Order of disbarment entered.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.