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Matter of Sultzer (2013 NY Slip Op 01415)

Decided on March 6, 2013
SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT RANDALL T. ENG, P.J. WILLIAM F. MASTRO REINALDO E. RIVERA PETER B. SKELOS MARK C. DILLON, JJ.
2010-03816
[*1]In the Matter of Neal H. Sultzer, an attorney and counselor-at-law. Grievance Committee for the Tenth Judicial District, petitioner; Neal H. Sultzer, respondent. (Attorney Registration No. 2922342)
DISCIPLINARY proceeding instituted by the Grievance Committee for the Tenth Judicial District. By decision and order on motion of this Court dated August 10, 2010, the Grievance Committee for the Tenth Judicial District was authorized to institute and prosecute a disciplinary proceeding against the respondent and the matter was referred to the Honorable James Starkey, as Special Referee, to hear and report. The respondent, who was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on May 11, 1977, has submitted an affidavit of resignation dated July 30, 2012.
Robert A. Green, Hauppauge, N.Y. (Mitchell T. Borkowsky of
file:///C|/Users/Peter/Desktop/NY/5/2013_01415.htm[4/23/2013 12:40:25 PM] Matter of Sultzer (2013 NY Slip Op 01415)
counsel), for petitioner.
Sarah Diane McShea, New York, N.Y., for respondent.

OPINION & ORDER
PER CURIAM.The respondent is currently the subject of a disciplinary proceeding wherein it is alleged that he engaged in professional misconduct by participating in real estate transactions on behalf of a client when he knew the client was engaging in illegal or fraudulent conduct.
The respondent has submitted an Affidavit of Resignation, dated July 30, 2012, wherein he avers that he would not be able to successfully defend himself on the merits against the charges of professional misconduct alleged against him in the pending disciplinary proceeding.
The respondent further acknowledges that his resignation is freely and voluntarily rendered; that he is not being subjected to coercion or duress by anyone; and that he is fully aware of the implications of submitting his resignation, including the fact that he is barred from seeking reinstatement for a minimum period of seven years.
Additionally, the respondent avers that his resignation is submitted subject to any application which could be made by the Grievance Committee for the Tenth Judicial District (hereinafter the Grievance Committee) for an order directing that he make restitution and that he reimburse the Lawyer's Fund for Client Protection pursuant to Judiciary Law

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