In re Ehrlich, 72 A.D.3d 1391 (N.Y. App. Div. 2010). · Go Syfert
In re Ehrlich, 72 A.D.3d 1391 (N.Y. App. Div. 2010). Cases Citing This Book View Copy Cite
3 citation events across 1 distinct court.
Strongest positive: Matter of Braccini (nyappdiv, 2023-08-31)
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Braccini
N.Y. App. Div. · 2023 · confidence medium
Having considered the relevant factors presented, including past precedent for similar conduct, in order "to protect the public, maintain the honor and integrity of the profession, or deter others from committing similar misconduct" (Rules for Atty Disciplinary Matters [22 NYCRR] § 1240.8 [b] [2]), we find that disbarment is the appropriate sanction for respondent's conduct ( see Matter of Rabin , 173 AD3d 1425 , 1426 [3d Dept 2019]; Matter of Goldstein , 123 AD3d 234, 236-238 [2d Dept 2014]; Matter of Ehrlich , 72 AD3d 1391, 1392-1393 [3d Dept 2010]).
cited Cited as authority (rule) Matter of Anonymous
N.Y. App. Div. · 2023 · confidence medium
Matter of Rabin , 173 AD3d 1425 , 1425-1426 [2019]; Matter of Goldstein , 123 AD3d 234, 236 [2d Dept 2014]; Matter of Ehrlich , 72 AD3d 1391, 1392 [3d Dept 2010]).
discussed Cited as authority (rule) Matter of Rabin
N.Y. App. Div. · 2019 · confidence medium
In this respect, we find that respondent's misconduct is undoubtedly serious and warrants an equally serious sanction ( see Matter of Goldstein , 123 AD3d 234, 236 [2014]; Matter of Ehrlich , 72 AD3d 1391, 1392 [2010]; Matter of Truong , 22 AD3d 62, 64 [2005]; Matter of Dries , 159 AD2d 198, 199 [1990]; see also ABA Standards for Imposing Lawyer Sanctions § 5.11 [b]).
Retrieving the full opinion text from the archive…
In the Matter of David A. Ehrlich, an Attorney, Committee on Professional Standards
Appellate Division of the Supreme Court of the State of New York.
Apr 22, 2010.
72 A.D.3d 1391
Fer.
Cited by 3 opinions  |  Published
Fer Curiam.

Respondent was admitted to practice by this Court in 2002 and maintained an office for the practice of law in the City of Albany. By decision dated February 11, 2010, respondent was suspended pursuant to 22 NYCRR 806.4 (f), upon a finding that he was guilty of professional misconduct immediately threatening the public interest (Matter of Ehrlich, 70 AD3d 1166 [2010]). This finding was based upon respondent’s default in responding to a December 31, 2009 petition of charges which charged that he neglected client matters in violation of[*1392] the attorney disciplinary rules (see Code of Professional Responsibility DR 6-101 [a] [3] [22 NYCRR 1200.30 (a) (3)]; Rules of Professional Conduct [22 NYCRR 1200.0] rule 1.3 [b]);* failed to respond to client communications (see Code of Professional Responsibility DR 1-102 [a] [5] [22 NYCRR 1200.3 (a) (5)]; Rules of Professional Conduct [22 NYCRR 1200.0] rule 1.4); engaged in misleading and deceiving conduct that is prejudicial to the administration of justice which adversely reflected on his fitness as an attorney by attempting to mislead and deceive his clients about the status of their cases and falsifying court documents (see Code of Professional Responsibility DR 1-102 [a] [4], [5], [7] [22 NYCRR 1200.3 (a) (4), (5), (7)]; Rules of Professional Conduct [22 NYCRR 1200.0] rule 8.4 [c], [d], [h]); engaged in conduct that is prejudicial to the administration of justice which adversely reflected on his fitness as an attorney by failing to comply with court orders (see Code of Professional Responsibility DR 1-102 [a] [5], [7] [22 NYCRR 1200.3 (a) (5), (7)]; Rules of Professional Conduct [22 NYCRR 1200.0] rule 8.4 [d], [h]); failed to register as an attorney as required by Judiciary Law § 468-a (see Rules of Professional Conduct [22 NYCRR 1200.0] rule 8.4 [d]); issued a check against insufficient funds from his attorney escrow account (see Rules of Professional Conduct [22 NYCRR 1200.0] rules 8.4 [d], [h]; 1.15); and failed to cooperate with petitioner (see Code of Professional Responsibility DR 1-102 [a] [5], [7] [22 NYCRR 1200.3 (a) (5), (7)]; Rules of Professional Conduct [22 NYCRR 1200.0] rule 8.4 [d], [h]).

Respondent has not answered or otherwise appeared with respect to the petition and has not opposed petitioner’s instant motion for a default judgment. Petitioner has attached 80 exhibits to its default motion that establish each of the charges set forth in the petition. Under the circumstances, respondent is deemed to have admitted the charges and we grant petitioner’s motion (see e.g. Matter of Crumb, 66 AD3d 1323 [2009]). Further, based upon such admission and the proof submitted by petitioner in support of its motion, we find respondent guilty of the charged misconduct. Petitioner further advises that it issued a letter of admonition to respondent in November 2008 for, among other things, neglect, failing to communicate, failing to cooperate with petitioner’s investigation and sending a misleading letter to a court.

Having considered the factors and circumstances presented, and in order to protect the public, deter similar misconduct and[*1393] preserve the reputation of the bar, we conclude that respondent should be disbarred (see e.g. Matter of Barber, 70 AD3d 1296 [2010]).

Mercure, J.P, Peters, Rose, Stein and Garry, JJ., concur. Ordered that petitioner’s motion is granted; and it is further ordered that respondent is disbarred, and his name is stricken from the roll of attorneys and counselors-at-law of the State of New York, effective immediately; and it is further ordered that respondent is commanded to desist and refrain from the practice of law in any form, either as principal or as agent, clerk or employee of another; and respondent is hereby forbidden to appear as an attorney or counselor-at-law before any court, judge, justice, board, commission or other public authority, or to give to another an opinion as to the law or its application, or any advice in relation thereto; and it is further ordered that respondent shall comply with the provisions of this Court’s rules regulating the conduct of disbarred attorneys (see 22 NYCRR 806.9).

The alleged misconduct occurred prior to and after the April 1, 2009 enactment of the Rules of Professional Conduct.