State of New York

Supreme Court, Appellate Division

Third Judicial Department

Decided and Entered: October 24, 2014 D-72-14 

___________________________________

In the Matter of MARCIA J.

DOYLE, an Attorney.

COMMITTEE ON PROFESSIONAL MEMORANDUM AND ORDER

STANDARDS,

Petitioner;

MARCIA J. DOYLE,

Respondent.

(Attorney Registration No. 2489102)

___________________________________

Calendar Date: September 2, 2014

Before: Lahtinen, J.P., Stein, Garry, Egan Jr. and Devine, JJ.

__________

Monica A. Duffy, Committee on Professional Standards,

Albany (Michael G. Gaynor of counsel), for petitioner.

Dreyer Boyajian, LLP, Albany (William J. Dreyer of

counsel), for respondent.

__________

Per Curiam.

Respondent was admitted to practice by this Court in 1992. 

She maintains an office for the practice of law in Averill Park,

Rensselaer County.

By petition dated December 30, 2013, petitioner commenced

this disciplinary proceeding alleging, in two charges, that

respondent engaged in professional misconduct by, among other

things, purchasing property from a client after preparing all the

relevant documents without sufficient disclosure of their
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differing interests. Respondent's deceptive conduct in

subsequently failing to file the purchase money note and mortgage

on behalf of the client resulted in the client's purchase money

mortgage being subordinate to the numerous notes and mortgages

later obtained by respondent to encumber the property. Following

a hearing, the Referee sustained that part of charge I alleging

that respondent was guilty of engaging in misleading and

deceiving conduct that adversely reflects upon her honesty,

trustworthiness or fitness as a lawyer (see former Code of

Professional Responsibility DR 1-102 [a] [4], [7] [former 22

NYCRR 1200.3 (a) (4), (7)]). Further, the Referee sustained

charge II in its entirety, finding respondent guilty of violating

the rules concerning engaging in a conflict of interest by, among

other things, representing a client when there was a significant

risk that her professional judgment would be adversely affected

by her own interests (see former Code of Professional

Responsibility DR 5-101 [a]; DR 5-104 [former 22 NYCRR 1200.20

(a); 1200.23]). Petitioner now moves to confirm the Referee's

report and respondent cross-moves to partially disaffirm the

report.

We find that a fair preponderance of the evidence supports

the Referee's determination concerning respondent's serious

professional misconduct and we therefore confirm the Referee's

report in its entirety. We further find respondent guilty of the

charged misconduct sustained in that report and conclude that,

under the particular circumstances presented and in order 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 three years, effective

immediately (see Matter of Crumb, 66 AD3d 1323, 1323 [2009];

Matter of Gold, 64 AD3d 990, 992 [2009]; Matter of Passetti, 53

AD3d 1031, 1032 [2008]).

Lahtinen, J.P., Stein, Garry, Egan Jr. and Devine, JJ.,

concur.
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ORDERED that petitioner's motion to confirm the Referee's

report is granted and respondent's cross motion to partially

disaffirm the report is denied; and it is further 

ORDERED that respondent is found guilty of the professional

misconduct charged and specified in the petition of charges, with

the exception of the allegation that she violated former Code of

Professional Responsibility DR 1-102 (a) (5) (former 22 NYCRR

1200.3 [a] [5]); and it is further 

ORDERED that respondent is suspended from the practice of

law for a period of three years, effective immediately, and until

further order of this Court; and it is further

ORDERED that, for the period of supervision, respondent 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 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

(see 22 NYCRR 806.9).

ENTER:

Robert D. Mayberger

Clerk of the Court