Motion List released on: July 9, 2018
By Scheinkman, P.J.; Mastro, Rivera, Dillon and Maltese, JJ.MATTER of Michael R. Varble, an attorney and counselor-at-law. Grievance Committee for the Ninth Judicial District, petitioner; Michael R. Varble, res — (Attorney Registration No. 2799773) — Motion by the Grievance Committee for the Ninth Judicial District (1) to immediately suspend the respondent from the practice of law, pursuant to 22 NYCRR 1240.9(a)(3) and (5), upon a finding that he is guilty of professional misconduct immediately threatening the public interest based upon his failure to comply with the lawful demands of the Grievance Committee and other uncontroverted evidence of professional misconduct, (2) to provide notice to the respondent, pursuant to 22 NYCRR 1240.9(b), that he may be disbarred by the Court without further notice in the event that he fails to respond to or appear for further investigatory or disciplinary proceedings within six months, and (3) to refer the issues raised to a Special Referee, to hear and report. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the First Judicial Department on January 13, 1997.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted; and it is further,ORDERED that pursuant to 22 NYCRR 1240.9(a)(3) and (5), the respondent, Michael R. Varble, is immediately suspended from the practice of law in the State of New York, pending further order of the Court; and it is further,ORDERED that the respondent, Michael R. Varble, shall promptly comply with this Court’s rules governing the conduct of disbarred or suspended attorneys (see 22 NYCRR 1240.15); and it is further,ORDERED that pursuant to Judiciary Law §90, during the period of suspension and until further order of this Court, the respondent, Michael R. Varble, is commanded to desist and refrain from (1) practicing law in any form, either as principal or agent, clerk, or employee of another, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority, (3) giving to another an opinion as to the law or its application or any advice in relation thereto, and (4) holding himself out in any way as an attorney and counselor-at-law; and it is further,ORDERED that if the respondent, Michael R. Varble, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency and the respondent shall certify to the same in his affidavit of compliance pursuant to 22 NYCRR 1240.15(f); and it is further,ORDERED that the issues raised are referred to the Honorable Arthur J. Cooperman, 110-11 Queens Blvd, Apt 10H, Forest Hills, NY 11375, as Special Referee, to hear and report, with the hearing to be completed within 60 days of the date of this decision and order on motion, or as soon thereafter as practicable, and to submit a report, which contains his findings on the issues and charges, within 60 days after the conclusion of the hearing or the submission of post-hearing memoranda; and it is further,ORDERED that pursuant to 22 NYCRR 1240.9(b), in the event the respondent, Michael R. Varble, fails to respond to or appear for further investigatory or disciplinary proceedings within six months of the date of this decision and order on motion, he may be disbarred by the Court without further notice.We find, prima facie, that the respondent is guilty of professional misconduct immediately threatening the public interest based on his failure to comply with the lawful demands of the Grievance Committee for the Ninth Judicial District, and the uncontroverted evidence that he failed to respond to client inquires, and failed, upon being discharged by multiple clients, to refund any part of a fee paid in advance that had not been earned.Beginning in late July 2017 the Grievance Committee for the Ninth Judicial District began to receive complaints of professional misconduct against the respondent, as follows:
