IN RE: Edward WERNER (2026)

By order of the Supreme Court of the State of Colorado dated November 20, 2024, the respondent was disbarred from the practice of law in Colorado.  The order was predicated on a matter pending against the respondent under Colorado Supreme Court Case No. 24PDJ062 and on the respondent's “Amended Stipulation to Discipline,” consenting to the imposition of disbarment, sworn to on November 19, 2024.  In the stipulation, the respondent averred that he entered into the stipulation freely and voluntarily and that there had been no coercion or other intimidating acts by any person or agency concerning the matter.  He acknowledged that he had read and studied the complaint filed against him, he was aware of the complaint's allegations that he engaged in the unauthorized practice of law in violation of rule 5.5(a)(1) of the Colorado Rules of Professional Conduct, and the allegations were true and correct.  The respondent acknowledged that he was familiar with the rules of the Colorado Supreme Court regarding the procedure for attorney discipline, and with full knowledge of the rights provided by those rules, waived his right to a formal evidentiary hearing where he would have the right to be represented by counsel, present evidence, call witnesses, and cross-examine the complainant's witnesses, and where the complainant would have the burden of proof and would be required to prove the charges contained in the complaint with clear and convincing evidence.

The New York Proceeding

By order to show cause dated October 16, 2025, this Court directed the respondent to show cause why an order should not be made and entered pursuant to 22 NYCRR 1240.13 imposing discipline upon him for the misconduct underlying the discipline imposed by the order of the Supreme Court of the State of Colorado dated November 20, 2024, by filing an affidavit in accordance with 22 NYCRR 1240.13(b) with the Clerk of this Court, with proof of service upon the Grievance Committee for the Second, Eleventh and Thirteenth Judicial Districts on or before December 1, 2025.  The respondent did not submit a response to this Court's order to show cause or otherwise request additional time in which to do so.

Accordingly, based on the findings of the Supreme Court of the State of Colorado, we find that the imposition of reciprocal discipline is warranted.  The sanction imposed in New York for an attorney who submits a resignation during the pendency of a grievance investigation is disbarment (see Matter of Ryan, 226 AD3d 145, 147), and, thus, effective immediately, the respondent is disbarred and his name is stricken from the roll of attorneys and counselors-at-law.

ORDERED that pursuant to 22 NYCRR 1240.13, the respondent, Edward Werner, admitted as Edward Gerard Werner, is disbarred, effective immediately, and his name is stricken from the roll of attorneys and counselors-at-law;  and it is further,

ORDERED that the respondent, Edward Werner, admitted as Edward Gerard Werner, shall continue to comply with the rules governing the conduct of disbarred or suspended attorneys (see id. § 1240.15);  and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, the respondent, Edward Werner, admitted as Edward Gerard Werner, shall continue to desist and refrain from (1) practicing law in any form, either as principal or as agent, clerk, or employee of another, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority, (3) giving to another an opinion as to the law or its application or any advice in relation thereto, and (4) holding himself out in any way as an attorney and counselor-at-law;  and it is further,

ORDERED that if the respondent, Edward Werner, admitted as Edward Gerard Werner, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency, and the respondent shall certify to the same in his affidavit of compliance pursuant to 22 NYCRR 1240.15(f).

PER CURIAM

LASALLE, P.J., DILLON, DUFFY, CONNOLLY and VOUTSINAS, JJ., concur.