IN RE: Michael T. WOLIN (admitted as Michael Terry Wolin) (1999)

Respondent, Michael Terry Wolin, was admitted to the practice of law in the State of New York by the Second Judicial Department on March 19, 1969, as Michael Terry Wolin.   At all times relevant to this proceeding, respondent maintained an office for the practice of law within the First Judicial Department.

By motion dated February 19, 1999, the Departmental Disciplinary Committee sought an order pursuant to 22 NYCRR 603.16(b)(1) suspending respondent from the practice of law indefinitely and until further order of the Court on the ground of mental infirmity or illness.

On December 14, 1998, respondent went to the Committee's offices, admitted to Committee staff serious misconduct in misappropriating client funds, indicated that he was suffering from severe depression and sought the Committee's assistance in removing himself from the practice of law.

At this meeting and in a subsequent sworn deposition executed on the same day, respondent admitted that he had misappropriated his client's appeal bond which had been deposited into his escrow account in 1996.   In January 1998, respondent had been hospitalized for his depression and suicidal ideation and was unable to work thereafter.   Respondent closed his law office in April 1998 and had been winding down his practice by notifying his clients to retain new counsel, except for the case involving the appeal bond.

Respondent states that he had been suffering from depression since 1996, and letters from his treating physicians are consistent with his claim that he is unable to work.   He has been diagnosed as suffering from clinical depression with bi-polar disorder, as having difficulties with basic activities of daily living, and as having a guarded prognosis.

As the Committee has argued, respondent, his treating psychologist and his treating psychiatrists all agree that he is mentally incapacitated and not able to practice law.

In view of the uncontradicted evidence of mental incapacity, respondent's admissions regarding his misappropriation of funds, and respondent's agreement with the relief sought, respondent should be suspended indefinitely and until further order of the Court pursuant to 22 NYCRR 603.16(b)(1).

Petition granted, and respondent suspended from practice as an attorney and counselor-at-law in the State of New York, for an indefinite period, effective immediately, and until the further order of this Court.

PER CURIAM

All concur.