State of New York

Supreme Court, Appellate Division

Third Judicial Department

Decided and Entered: October 1, 2015 D-65-15 

___________________________________

In the Matter of NEAL R.

LEWIS, an Attorney. MEMORANDUM AND ORDER

 ON MOTION

(Attorney Registration No. 1836071)

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Calendar Date: September 14, 2015

Before: Lahtinen, J.P., McCarthy, Rose and Lynch, JJ.

__________

Monica A. Duffy, Committee on Professional Standards,

Albany (Anna E. Remet of counsel), for petitioner.

__________

Per Curiam.

Neal R. Lewis was admitted to practice by this Court in

1982. He was previously admitted to practice in Florida in 1978,

where he formerly maintained an office for the practice of law.

By order filed February 20, 2015, the Supreme Court of

Florida granted Lewis' uncontested petition for disciplinary

revocation, with leave to seek readmission after five years

(Matter of Lewis, 163 So 3d 509 [Fla Sup Ct 2015]). This order

was premised upon, among other things, Lewis' failure to maintain

certain required trust account records and his conversion of

$92,500 in client funds from his attorney trust account. 

Pursuant to the Rules Regulating the Florida Bar, "a disciplinary

revocation is tantamount to disbarment" (Rules Regulating the

Florida Bar, rule 3-5.1 [g]; see The Florida Bar v Hale, 762

So 2d 515, 517 [Fla Sup Ct 2000])

The Committee on Professional Standards now moves for an

order imposing discipline in this state pursuant to Rules of the

Appellate Division, Third Department (22 NYCRR) § 806.19 by
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reason of the discipline imposed in Florida. Lewis has not

replied or otherwise appeared in response to the motion, and has

accordingly waived his available defenses (see Matter of

Halbfish, 78 AD3d 1320, 1321 [2010]; see also Matter of Morin,

131 AD3d 799, 799 [2015]; Matter of Radshaw, 130 AD3d 1139, 1139

[2015]).

We grant the Committee's motion and further conclude that,

under the circumstances presented and in the interest of justice,

Lewis should be disbarred in this state (see Matter of Hock Loon

Yong, 130 AD3d 1428, 1429 [2015]; Matter of Felli, 116 AD3d 1335,

1335 [2014]; Matter of Goodhart, 56 AD3d 889, 889-890 [2008]). 

Lahtinen, J.P., McCarthy, Rose and Lynch, JJ., concur.

ORDERED that the motion of the Committee on Professional

Standards is granted; and it is further

ORDERED that Neal R. Lewis 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 Neal R. Lewis 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 Lewis is hereby

forbidden to appear as an attorney or counselor-at-law before any

court, judge, justice, board, commission or other public

authority or 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 Neal R. Lewis shall comply with the provisions

of this Court's rules regulating the conduct of disbarred

attorneys (see Rules of App Div, 3d Dept [22 NYCRR] § 806.9).

ENTER:

Robert D. Mayberger

Clerk of the Court