Matter of Smith

Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 2015-11-05
Citations: 133 A.D.3d 971, 18 N.Y.S.3d 575
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*972 Per Curiam.

Provie E. Smith was admitted to practice by this Court in 2010 and maintains an office for the practice of law in Sullivan County.

Smith has failed to comply with a subpoena duces tecum issued by this Court, dated April 16, 2015 and personally served upon her, which directed her to appear on May 28, 2015 for an examination under oath by the Committee on Professional Standards and produce files relevant to a pending complaint against her. Furthermore, Smith has failed to reply to the Committee’s subject motion seeking to indefinitely suspend her from the practice of law pending her compliance with the subpoena (see Rules of App Div, 3d Dept [22 NYCRR] § 806.4 [b]). Under the circumstances, we grant the Committee’s motion and suspend Smith from the practice of law, effective 20 days from the date of this decision, pending her full compliance with the subpoena and until further order of this Court (see e.g. Matter of Coleman, 122 AD3d 1233, 1234 [2014]; Matter of Nichols, 116 AD3d 1221 [2014]).

Lahtinen, J.P., McCarthy, Lynch, Devine and Clark, JJ., concur. Ordered that the motion of the Committee on Professional Standard is granted; and it is further ordered that Provie E. Smith is suspended from the practice of law, effective 20 days from the date of this decision, pending her full compliance with the subpoena duces tecum dated April 16, 2015, and until further order of this Court; and it is further ordered that, for the period of suspension, Provie E. Smith is commanded to desist and refrain from the practice of law in any form, either as principal or as agent, clerk or employee of another; and Smith is 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 Provie E. Smith shall comply with the provisions of this Court’s rules regulating the conduct of suspended attorneys (see Rules of App Div, 3d Dept [22 NYCRR] § 806.9).