IN RE: MORGAN MERCEDES WIENER (2026)

MEMORANDUM AND ORDER ON MOTION

(Attorney Registration No. 4843892)

Calendar Date:  June 29, 2026

Monica A. Duffy, Attorney Grievance Committee for the Third Judicial Department, Albany (Alison M. Coan of counsel), for Attorney Grievance Committee for the Third Judicial Department.

Per Curiam.

“Upon application by [AGC] containing proof that a person ․ covered by these Rules has been disciplined by a foreign jurisdiction, the Court shall direct that person ․ to demonstrate, on terms it deems just, why discipline should not be imposed in New York for the underlying misconduct” (Rules for Atty Disciplinary Matters [22 NYCRR] § 1240.13[a];  see Rules of App.Div., 3d Dept [22 NYCRR] § 806.13).  In response to AGC's motion, the attorney may avail himself or herself of three affirmative defenses and may likewise present any appropriate mitigating factors (see Matter of Hahn, 235 AD3d 1234, 1235 [3d Dept 2025] ).  Here, the record of the Colorado disciplinary proceeding reveals that respondent entered into a stipulation with the Colorado Office of Attorney Regulation Counsel, wherein she admitted that that she violated various Rules of Professional Conduct in that jurisdiction and, as argued by AGC, such misconduct, if committed here, would likewise constitute misconduct (see Rules of Prof Conduct [22 NYCRR 1200] rules 1.3[a];  1.4;  3.4[c];  8.4[d] ).  While respondent has not responded to AGC's motion, thereby waiving any affirmative defenses she had available to her (see e.g. Matter of Singh, 245 AD3d 1061, 1062 [3d Dept 2026] ), we note that the record of the Colorado disciplinary proceeding included respondent's acknowledgement that she freely and voluntarily entered into the stipulation to both the facts and rule violations, further indicating that there was no coercion or duress in entering into the stipulation and that she had waived her right to a hearing (see e.g. Matter of Lee, 238 AD3d 1316, 1317 n [3d Dept 2025] ).  As such, we deem the misconduct established and turn to the sanction to be imposed.

Clark, J.P., Pritzker, Ceresia, McShan and Ryba, JJ., concur.

ORDERED that the motion by the Attorney Grievance Committee for the Third Judicial Department is granted;  and it is further

ORDERED that respondent is suspended from the practice of law for nine months, effective immediately, and until further notice of this Court (see generally Rules for Atty Disciplinary Matters [22 NYCRR] § 1240.16);  and it is further

ORDERED that respondent is commanded to desist and refrain from 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 or counselor-at-law before any court, judge, justice, board, commission or other public authority, or to give to another an opinion as to the law or its application, or any advice in relation thereto, or to hold herself out in any way as an attorney and counselor-at-law in this State;  and it is further

ORDERED that respondent shall comply with the provisions of the Rules for Attorney Disciplinary Matters regulating the conduct of suspended attorneys and shall duly certify to the same in her affidavit of compliance (see Rules for Attorney Disciplinary Matters [22 NYCRR] § 1240.15);  and it is further

ORDERED that respondent shall, within 30 days of the date of this decision, surrender to the Office of Court Administration any Attorney Secure Pass issued to her.