Chief Disciplinary Counsel v. Gary Cohen (2011)

MEMORANDUM OF DECISION ON MOTION OF RESPONDENT FOR JUDGMENT DATED FEBRUARY 7, 2011 (# 128.00)

The Respondent, Gary Cohen, has moved for judgment against the Chief Disciplinary Counsel by this motion dated February 7, 2011 (# 128.00).   This motion was duly filed, served and assigned on the non-arguable short calendar for Tuesday, February 22, 2011.   This court issued the underlying Memorandum of Decision on Respondent's Motion to Strike dated March 8, 2010 (# 126.00) so the Motion for Judgment was referred to the undersigned.   Neither party requested a continuance, oral argument or testimony.   The Respondent marked the Motion for Judgment ready for the February 22, 2011 short calendar and no objection was filed.   This court issued its Memorandum of Decision on December 2, 2010 (# 126.00) [51 Conn. L. Rptr. 151] and the Chief Disciplinary Counsel has not filed a pleading amending the stricken counts.   In response to this Court's Memorandum of Decision (# 126.00), the Chief Disciplinary Counsel filed a Notice of Intent to Appeal and Reservation of Right to Appeal from Judgment Granting Defendant/Respondent's Motion to Strike Counts Two and Three of the Amended Presentment dated December 16, 2010 (# 127.00).   This court granted the Respondent's Motion to Strike dated March 8, 2010 (# 122.00) in its December 2, 2010 Memorandum of Decision (# 127.00) thus striking the Second Count and Third Count of the Amended Presentment of Attorney for Misconduct dated July 16, 2009 (# 114.00).

In accordance with Practice Book § 10-44 the court enters judgment in favor of the Respondent, Gary Cohen, as against the Chief Disciplinary Counsel on the Second Count and Third Count of the Amended Presentment of Attorney for Misconduct dated July 16, 2009 (# 114.00).

BY THE COURT

Hon. Kevin Tierney

Judge Trial Referee

Tierney, Kevin, J.T.R.