In the Matter of RICHARD T.DiSTEFANO, a SuspendedAttorney. MEMORANDUM AND ORDERON MOTION(Attorney Registration No. 2041044)___________________________________Calendar Date: April 30, 2018Before: Garry, P.J., Mulvey, Aarons, Rumsey and Pritzker, JJ.__________Monica A. Duffy, Attorney Grievance Committee for the ThirdJudicial Department, Albany (Lauren S. Cousineau of counsel), forAttorney Grievance Committee for the Third Judicial Department.__________Per Curiam.Respondent was admitted to practice by this Court in 1986and maintained an office in the City of Albany, Albany County.He previously served as Town of Colonie Justice from 2002until 2005, when he resigned while under investigation by theCommission on Judicial Conduct (see Matter of DiStefano, 2005 WL5727950 [NY Commn Jud Conduct, Nov. 16, 2005]).Following a May 2013 complaint, the Attorney GrievanceCommittee for the Third Judicial Department (hereinafter AGC)commenced an investigation concerning allegations of professionalmisconduct related to respondent’s neglect of a client’smatrimonial matter and his engagement in a sexual relationshipwith that domestic relations client (see Rules of ProfessionalConduct [22 NYCRR 1200.0] rules 1.3, 1.4, 1.8 [j]). By orderentered October 12, 2017, this Court suspended respondent fromthe practice of law due to his failure to cooperate with thatinvestigation and his failure to fully comply with a subpoenaduces tecum issued by this Court directing him to, among otherthings, produce records relevant to AGC’s investigation and togive testimony under oath (154 AD3d 1055 [2017]).1 Saidsuspension remains in effect.AGC now seeks to disbar respondent pursuant to Rules forAttorney Disciplinary Matters (22 NYCRR) § 1240.9 (b) on theground that respondent has failed to respond or otherwise appearfor further investigatory or disciplinary proceedings within sixmonths from the date of entry of this Court’s suspension order.AGC has provided respondent with notice of its motion despitehaving no obligation to do so (see Rules for AttorneyDisciplinary Matters [22 NYCRR] § 1240.9 [b]; see also Matter ofJung, 148 AD3d 1, 3 [2017]), and respondent has made no effort tocooperate with AGC’s investigation, evidencing a clear disregardfor his fate as an attorney. Accordingly, inasmuch as respondenthas neither responded to, nor appeared for, further investigatoryor disciplinary proceedings within six months from this Court’sOctober 2017 order of suspension, we find that, under thecircumstances, he should be disbarred (see Matter of Croak, 156AD3d 1111, 1112 [2017], appeal dismissed ___ NY3d ___ [Mar. 22,2018]; Matter of Nichols, 152 AD3d 1044 [2017]).Garry, P.J., Mulvey, Aarons, Rumsey and Pritzker, JJ.,concur.ORDERED that the motion of the Attorney Grievance Committeefor the Third Judicial Department is granted; and it is furtherORDERED that respondent is disbarred and his name isstricken from the roll of attorneys and counselors-at-law of theState of New York, effective immediately; and it is furtherORDERED that respondent is commanded to desist and refrainfrom the practice of law in any form in the State of New York,either as principal or as agent, clerk or employee of another;and respondent is hereby forbidden to appear as an attorney orcounselor-at-law before any court, judge, justice, board,commission or other public authority, or to give to another anopinion as to the law or its application, or any advice inrelation thereto, or to hold himself out in any way as anattorney and counselor-at-law in this State; and it is furtherORDERED that respondent shall comply with the provisions ofthe Rules for Attorney Disciplinary Matters regulating theconduct of disbarred attorneys (see Rules for AttorneyDisciplinary Matters [22 NYCRR] § 1240.15).ENTER:Robert D. MaybergerClerk of the Court
