IN RE: Jerrold W. BARTMAN (2005)

Supreme Court, Appellate Division, Third Department, New York.

IN RE: Jerrold W. BARTMAN, an Attorney. Committee on Professional Standards, Petitioner; Jerrold W. Bartman, Respondent.

Decided: February 17, 2005

Before: MERCURE, J.P., CREW III, CARPINELLO, LAHTINEN and KANE, JJ.

Mark S. Ochs, Committee on Professional Standards, Albany (Steven D. Zayas of counsel), for petitioner. Jerrold W. Bartman, Niskayuna, respondent pro se.

Respondent was admitted to practice by this Court in 1994. He is also admitted to practice in Florida. Respondent presently maintains a law office in the Town of Niskayuna, Schenectady County.

Respondent was publicly reprimanded by the Supreme Court of Florida by order dated March 13, 2003. He was found guilty of neglecting client matters, assisting in the unlicensed practice of law, failing to respond to clients' communications and failing to respond to inquiries of the Florida bar.

Petitioner moves for an order imposing reciprocal discipline (see 22 NYCRR 806.19). Respondent does not oppose the motion but has submitted papers in mitigation. Under all of the circumstances presented, and noting that respondent has no prior disciplinary history and has made a full refund to his clients for the counsel fees in issue, we grant petitioner's motion and conclude that respondent should be censured (see e.g. Matter of McKenna, 303 A.D.2d 774, 755 N.Y.S.2d 320 [2003] ).

ORDERED that petitioner's motion is granted; and it is further

ORDERED that respondent is censured.

PER CURIAM.

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