State of New York

Supreme Court, Appellate Division

Third Judicial Department

Decided and Entered: March 5, 2015 D-19-15 

___________________________________

In the Matter of PAULUS H.

CHAN, a Suspended MEMORANDUM AND ORDER

Attorney. ON MOTION

(Attorney Registration No. 2844579)

___________________________________

Calendar Date: February 11, 2015

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

__________

Monica A. Duffy, Committee on Professional Standards,

Albany (Anna E. Remet of counsel), for Committee on Professional

Standards.

__________

Per Curiam.

Paulus H. Chan was admitted to practice by this Court in

1997 and was also admitted to practice in Connecticut that same

year, where he maintained an office for the practice of law. He

was also admitted to practice in Massachusetts in 1996. He was

suspended by this Court, effective October 4, 2009, due to his

failure to comply with the attorney registration requirements

(see Matter of Attorneys in Violation of Judiciary Law § 468–a,

65 AD3d 1447, 1453 [2009]), and such suspension remains in full

force and effect. 

By order entered September 12, 2014, the Connecticut

Superior Court, Judicial District of New Haven, imposed upon Chan

a 30-day period of suspension based upon Chan's failure to

safeguard client funds and his failure to produce ledgers of his

IOLTA account to Connecticut's Statewide Grievance Committee and

Office of Disciplinary Counsel. As a result of the discipline

imposed in Connecticut, the Committee on Professional Standards
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moves for an order imposing discipline pursuant to this Court's

rules (see Rules of the App Div, 3d Dept [22 NYCRR] § 806.19). 

Chan has not replied to the motion or otherwise raised any

available defenses (see Rules of the App Div, 3d Dept [22 NYCRR]

§ 806.19 [d]) and we, therefore, grant the Committee's motion.

In determining the appropriate discipline, we note the

presence of several aggravating factors, including Chan's failure

to report his suspension in Connecticut in 2014, his default

herein and his failure to pay applicable registration payments in

this state since 2000. Having considered the nature of Chan's

misconduct and the consequent discipline imposed in Connecticut,

we conclude that Chan should be suspended from the practice of

law in this state for a period of 90 days (see e.g. Matter of

Kain, 64 AD3d 992, 993 [2009]). Said suspension will take effect

at such time as Chan applies for and is granted reinstatement

following his current suspension due to his attorney registration

delinquency (see Matter of Attorneys in Violation of Judiciary

Law § 468-a, 65 AD3d at 1453).

McCarthy, J.P., Egan Jr., Rose and Devine, JJ., concur.

ORDERED that the motion of the Committee on Professional

Standards is granted; and it is further

ORDERED that Paulus H. Chan is suspended from the practice

of law for a period of 90 days, effective at such time as Chan is

reinstated following his current suspension, and until further

order of this Court; and it is further

ORDERED that, for the period of suspension, Paulus H. Chan

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 Chan 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 Paulus H. Chan shall comply with the

provisions of this Court's rules regulating the conduct of
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suspended attorneys (see Rules of the App Div, 3d Dept [22 NYCRR]

§ 806.9). 

ENTER:

Robert D. Mayberger

Clerk of the Court