Opinion
2013-06-6
In the Matter of Leon R. KOZIOL, a Suspended Attorney. Committee on Professional Standards, Petitioner; Leon R. Koziol, Respondent.
Peter M. Torncello, Committee on Professional Standards, Albany (Steven D. Zayas of counsel), for petitioner. Leon R. Koziol, Utica, respondent pro se.
Peter M. Torncello, Committee on Professional Standards, Albany (Steven D. Zayas of counsel), for petitioner. Leon R. Koziol, Utica, respondent pro se.
Before: ROSE, J.P., LAHTINEN, STEIN and SPAIN, JJ.
PER CURIAM.
Respondent was admitted to practice by the Appellate Division, Fourth Department in 1986. He maintained an office for the practice of law in the City of Utica, Oneida County.
Respondent admitted the factual specifications set forth in a petition of charges, but argues that he should be found not guilty of the charged misconduct. Having granted petitioner's motion for an order declaring that the pleadings raised no factual issues and having heard respondent in mitigation or otherwise ( see22 NYCRR 806.5), we now find that respondent neglected a client matter in violation of former Code of Professional Responsibility DR 6–101(a)(3) (former 22 NYCRR 1200.30[a][3] ) and the Rules of Professional Conduct (22 NYCRR 1200.0) rule 1.3(b) and failed to adequately communicate with the client in violation of former Code of Professional Responsibility DR 1–102(a)(5) (former 22 NYCRR 1200.3[a][5] ) and the Rules of Professional Conduct (22 NYCRR 1200.0) rule 1.4.
The sustained charges involve conduct occurring prior to and after the April 1, 2009 enactment of the Rules of the Professional Conduct.
Respondent's misconduct is aggravated by his disciplinary record, which includes a February 2010 suspension from practice by the Appellate Division, Fourth Department for willful violation of an order of support (Matter of Koziol, 70 A.D.3d 1516, 893 N.Y.S.2d 912 [2010],lv. dismissed16 N.Y.3d 853, 922 N.Y.S.2d 267, 947 N.E.2d 159 [2011],cert. denied––– U.S. ––––, 132 S.Ct. 455, 181 L.Ed.2d 295 [2011]; suspension order lifted in January 2012 Matter of Koziol, 92 A.D.3d 1265, 937 N.Y.S.2d 915 [2012] ) and a one-year suspension from practice (still extant) imposed by this Court in September 2010 (Matter of Koziol, 76 A.D.3d 1136, 907 N.Y.S.2d 697 [2010],lv. dismissed15 N.Y.3d 943, 915 N.Y.S.2d 214, 940 N.E.2d 920 [2010],lv. denied16 N.Y.3d 853, 922 N.Y.S.2d 267, 947 N.E.2d 159 [2011],cert. denied––– U.S. ––––, 132 S.Ct. 455, 181 L.Ed.2d 295 [2011] ). In addition, in March 2012, petitioner issued three letters of admonition to respondent.
We conclude that, to protect the public, deter similar misconduct and preserve the reputation of the bar, respondent should be suspended from the practice of law for a period of six months, effective immediately. Further, we deny respondent's application for reconsideration of our January 2013 confidential order which denied his application for reinstatement. Respondent may file a new application for reinstatement at the end of the six-month period of suspension imposed by this decision.
ORDERED that respondent is found guilty of professional misconduct as charged and specified in charges II and III of the petition of charges and charge I is dismissed; and it is further
ORDERED that respondent is suspended from the practice of law for a period of six months, effective immediately, and until further order of this Court; and it is further
ORDERED that respondent's application for reconsideration of the denial of his application for reinstatement is denied; and it is further
ORDERED that, for the period of suspension, respondent is commanded to continue to desist and refrain from the practice of law in any form, 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; and it is further
ORDERED that respondent shall comply with the provisions of this Court's rules regulating the conduct of suspended attorneys ( see22 NYCRR 806.9).
ROSE, J.P., LAHTINEN, STEIN and SPAIN, JJ., concur.