State of New York

Supreme Court, Appellate Division

Third Judicial Department

Decided and Entered: November 3, 2016 D-61-16 

___________________________________

In the Matter of MICHAEL D.

HALBFISH, a Suspended Attorney. MEMORANDUM AND ORDER

 ON MOTION

(Attorney Registration No. 2823904)

___________________________________

Calendar Date: October 17, 2016

Before: McCarthy, J.P., Egan Jr., Rose, Clark and Mulvey, JJ.

__________

Monica A. Duffy, Attorney Grievance Committee for the Third

Judicial Department, Albany (Sarah A. Richards of counsel), for

Attorney Grievance Committee for the Third Judicial Department.

__________

Per Curiam.

Respondent was admitted to practice by this Court in 1997. 

That same year, he was also admitted to practice in New Jersey,

where he maintained an office for the practice of law.

Following respondent's 2010 censure by the Supreme Court of

New Jersey due to, among other misconduct, negligent

misappropriation of client trust funds (203 NJ 441 [2010]), this

Court, by order entered November 4, 2010, suspended respondent

from the practice of law for six months (78 AD3d 1320 [2010]). 

Respondent has not applied for reinstatement and said suspension

remains in effect. Thereafter, in February 2015, respondent was

disbarred by the Supreme Court of New Jersey on the basis of,

among other things, his gross neglect of client matters and his

failure to cooperate with disciplinary authorities (220 NJ 463

[2015]). The Attorney Grievance Committee for the Third Judicial

Department (hereinafter AGC) now moves to impose discipline upon

respondent in this state as the result of his disbarment in New

Jersey. Respondent has not replied to AGC's motion or otherwise
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raised any available defenses (see Uniform Rules for Attorney

Disciplinary Matters [22 NYCRR] § 1240.13 [b]); therefore, these

defenses are waived (see Matter of Dasent, 130 AD3d 1315 [2016];

Matter of Lewis, 132 AD3d 1017 [2015]), and we grant AGC's

motion.

Turning to the issue of an appropriate disciplinary

sanction, we note that respondent has evinced a disregard for his

professional responsibilities and a disinterest in his fate as an

attorney in this state by not responding to the instant motion or

otherwise appearing in this proceeding (see Matter of Morin, 131

AD3d 799, 800 [2015]). Under all of the circumstances presented

– including the serious and unrepentant nature of respondent's

considerable professional misconduct in New Jersey –

we conclude that respondent should be disbarred in this state

(see e.g. Matter of Hock Loon Yong, 130 AD3d 1428, 1429 [2015];

Matter of Felli, 116 AD3d 1335, 1335 [2014]).

McCarthy, J.P., Egan Jr., Rose, Clark and Mulvey, JJ.,

concur.

ORDERED that the motion of the Attorney Grievance Committee

for the Third Judicial Department is granted; and it is further

ORDERED that respondent is disbarred and his name is

stricken from the roll of attorneys and counselors-at-law of the

State of New York, effective immediately; and it is further 

ORDERED that 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
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ORDERED that respondent shall comply with the provisions of

the Uniform Rules for Attorney Disciplinary Matters regulating

the conduct of disbarred attorneys (see Uniform Rules for

Attorney Disciplinary Matters [22 NYCRR] § 1240.15).

ENTER:

Robert D. Mayberger

Clerk of the Court