In the Matter of Melvyn S. Hacker, an Attorney, Respondent. Grievance Committee for the Tenth Judicial District, Petitioner.
[MAJORITY]
In this proceeding to discipline an attorney upon charges of professional misconduct, respondent has failed to appear or to answer the petition herein containing the charges, although the time to do so has expired. Respondent was personally served in this matter. Petitioner further moved for a default judgment on the ground that respondent failed to appear or to answer the afore-mentioned petition. Although served with the notice of motion for a default judgment, respondent failed to answer. Respondent was admitted to the Bar by this court on December 18, 1968. The charges against respondent involve, inter alia, conversion of clients’ funds in an amount exceeding $30,000 and failing to co-operate with the Nassau County Bar Association Grievance Committee and the petitioner Grievance Committee in their respective investigations. The petition containing the charges alleged, in total, 33 allegations of misconduct. The charges, if established, would require respondent’s disbarment. Since he has chosen not to deny the charges and not even to appear in this proceeding, the charges must be deemed admitted. Petitioner’s motion is therefore granted. Respondent is unfit to be a member of the Bar. He is disbarred and his name is ordered removed from the roll of attorneys and counselors at law, effective forthwith. Mollen, P. J., Hopkins, Damiani, Titone and O’Connor, JJ., concur.