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The Appeals Board suspended the privilege of Javier Jimenez to appear as a representative for 180 days due to his failure to respond to a Notice of Intention to Suspend, which was based on non-compliance with prior sanction orders.
Mark J. Hackett, Jr., a suspended attorney, was found guilty of professional misconduct by the Grievance Committee of the Seventh Judicial District. He neglected a client's workers' compensation matter, failing to advise her properly regarding CMS debt and subsequently not responding to her inquiries. Hackett also failed to cooperate with the Grievance Committee's investigation and defaulted in the disciplinary proceedings. The court suspended him from the practice of law for two years, citing harm to the client and disregard for the disciplinary process.
This case involves the suspension of Mike Traw's privilege to appear before the Workers' Compensation Appeals Board (WCAB) under Labor Code Section 4907. The WCAB issued a Notice of Intention to suspend due to non-payment of sanctions and failure to respond. While Professional Lien Services, Inc. (PLS) sought extensions, neither Traw nor PLS provided a substantive response. Consequently, Traw's appearance privilege is suspended for ninety days due to his failure to comply with the WCAB's orders. Further action against PLS may occur if ordered sanctions remain unpaid.
A correction officer's General Municipal Law § 207-c benefits were suspended by the Albany County Sheriff after he refused a light duty assignment following a workplace injury in September 2009. The officer initiated a CPLR article 78 proceeding, alleging due process violations because the Hearing Officer supposedly refused to consider proof of post-traumatic stress disorder and relied on evidence outside the record. The Court determined that the petitioner was afforded due process, noting that a predetermination hearing was held where he presented witnesses and cross-examined the respondents'. The Court found no violation of procedural due process as the petitioner did not raise a genuine dispute regarding his PTSD diagnosis before the hearing. Ultimately, the Court confirmed the determination to suspend benefits and dismissed the petition.
The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an administrative law judge's order suspending Integrated Healthcare Recovery Services (IHRS) from appearing before the board. This suspension stemmed from IHRS's failure to pay a $1,000 sanction previously imposed for missing a lien trial. The WCAB has now issued a notice of intent to suspend IHRS unless the sanction is paid within 20 days, citing IHRS's failure to comply with a final order as good cause. IHRS may avoid suspension by paying the sanction or demonstrating good cause to the WCAB.
This case involves W. Marilynn Pierre, a suspended attorney, and the Attorney Grievance Committee for the First Judicial Department. Pierre was previously suspended in 2017 due to admissions of professional misconduct, including commingling client funds, using her escrow account as an operating account, and evading tax liens. She also converted/misappropriated guardianship funds and failed to satisfy a judgment. Now, the parties have filed a joint motion for discipline by consent, stipulating to facts that confirm violations of rules 1.15 (a), (b), (e), and 8.4 (c) of the Rules of Professional Conduct. Mitigating factors include her cooperation, current work as a social worker, restitution efforts, and mental health issues (bulimia, depression, ADD) affecting her practice, for which she is undergoing monitoring. The Court grants the joint motion and imposes a five-year suspension, retroactive to August 8, 2017.
The Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts moved to confirm a Special Referee's report against Harry A. Cardillo, a suspended attorney. Cardillo was charged with two counts of misappropriating client funds from his escrow account in two separate personal injury matters in violation of rule 1.15(a) of the Rules of Professional Conduct. Specifically, he allowed the balance in his escrow account to fall below the amounts due to his clients and to satisfy a workers' compensation lien. The Special Referee sustained both charges, and the Appellate Division, Second Department, confirmed the report, noting Cardillo's failure to honor his fiduciary obligations and his prior disciplinary record. Consequently, Cardillo was suspended from the practice of law for three years, effective immediately, without credit for time already served under an interim suspension.
The petitioner, a physician, initiated a CPLR article 78 proceeding to challenge a determination by the Commissioner of Education to suspend his medical license. The charges of professional misconduct stemmed from prior findings by the Department of Social Services (DSS) and the Department of Health (DOH) regarding unacceptable patient care, inappropriate treatment, excessive testing, and operating a clinical laboratory without a permit. The Regents Review Committee, utilizing an expedited procedure, found the petitioner guilty of two specifications based on the DSS determination and recommended a two-year license suspension, with a partial stay and probation. The court affirmed the Commissioner's determination and dismissed the petition, rejecting the petitioner's arguments against the application of collateral estoppel, the propriety of the expedited procedure, and the claim of ineffective assistance of counsel in the preceding administrative hearings. The court also upheld the penalty imposed, deeming it not excessive or an abuse of discretion.
The Workers' Compensation Appeals Board issued a notice of its intention to suspend Javier Jimenez's privilege to appear as a representative for 180 days due to a pattern of misconduct, frivolous tactics, and failure to comply with sanction orders.
The Workers' Compensation Appeals Board issued a notice of intention to suspend Javier Jimenez's privilege to appear as a representative for 180 days, citing a pattern of bad-faith tactics, frivolous actions, and repeated failure to comply with sanction orders.
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