In re Lombardi

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. The respondent was admitted to the Bar by this court on June 20, 1962. The charges, generally stated, are that respondent (1) failed to promptly pay three different clients or otherwise account for, as requested by those clients, funds in excess of $6,700; (2) converted to his own use $6,100 of the said funds; and (3) failed to co-operate with the petitioner herein in its investigation of the afore-mentioned complaints. 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 established. 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. Gulotta, P. J., Hopkins, Martuscello, Latham and O’Connor, JJ., concur.