State of New York

Supreme Court, Appellate Division

Third Judicial Department

Decided and Entered: December 1, 2016 D-69-16 

___________________________________

In the Matter of ERIC B.

BAILEY, an Attorney. MEMORANDUM AND ORDER

 ON MOTION

(Attorney Registration No. 4409462)

___________________________________

Calendar Date: October 11, 2016

Before: McCarthy, J.P., Lynch, Devine, Clark and Aarons, JJ.

__________

Monica A. Duffy, Attorney Grievance Committee for the Third

Judicial Department, Albany (Alison M. Coan of counsel), for

Attorney Grievance Committee for the Third Judicial Department.

__________

Per Curiam.

Respondent was admitted to practice by this Court in 2006. 

He was also admitted in New Jersey that same year, where he

maintains an office for the practice of law.1

By order entered January 27, 2016, respondent was

reprimanded by the Supreme Court of New Jersey based upon

findings that he failed to diligently represent a client, failed

to properly communicate with a client and failed to cooperate

with disciplinary authorities, all in violation of three rules of

New Jersey's Rules of Professional Conduct (Matter of Bailey, 224

NJ 100 [2016]). Respondent failed to file a copy of the order of

1 Although it appears that respondent is currently listed,

by consent, under "disability inactive status" in New Jersey

(Matter of Bailey, 223 NJ 357 [2015]), no further information

regarding that status has been provided to this Court. 
-2- D-69-16 

the Supreme Court of New Jersey with this Court within 30 days as

required by Rules of the Appellate Division, Third Department (22

NYCRR) former § 806.19 (b) (see Uniform Rules for Attorney

Disciplinary Matters [22 NYCRR] § 1240.13 [d]).

Now, by reason of the discipline imposed upon respondent in

New Jersey, the Attorney Grievance Committee for the Third

Judicial Department (hereinafter AGC) moves, by order to show

cause returnable October 11, 2016, to impose discipline upon

respondent in this state. Respondent has not replied or

otherwise responded to AGC's motion or raised any of the

available defenses (see Uniform Rules for Attorney Disciplinary

Matters [22 NYCRR] § 1240.13 [b]); therefore, we grant the motion

(see Matter of Halbfish, 78 AD3d 1320, 1321 [2010]).

Turning to the issue of an appropriate disciplinary

sanction, we take note of respondent's failure to file a copy of

the New Jersey disciplinary order with this Court (see Uniform

Rules for Attorney Disciplinary Matters [22 NYCRR] § 1240.13

[d]), his failure to respond to the subject motion and the

findings of the Supreme Court of New Jersey regarding his failure

to cooperate with disciplinary authorities in the underlying

matter. Accordingly, upon consideration of all the facts and

circumstances, we conclude that, under the circumstances

presented and in order to protect the public, maintain the honor

and integrity of the profession and deter others from committing

similar misconduct, respondent should be suspended from the

practice of law for a period of 30 days in this state (see Matter

of Cooper, 124 AD3d 1203, 1204 [2015]; Matter of Kain, 64 AD3d

992, 992-993 [2009]; see generally Uniform Rules for Attorney

Disciplinary Matters [22 NYCRR] § 1240.8 [b] [2]). Finally, we

hold that any future application for reinstatement by respondent

must include proof that he has been restored to active status to

practice law in New Jersey (see New Jersey Court Rules R

1:20-12).

McCarthy, J.P., Lynch, Devine, Clark and Aarons, JJ.,

concur.
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ORDERED that the motion of the Attorney Grievance Committee

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

ORDERED that respondent is suspended from the practice of

law for a period of 30 days, effective immediately, and until

further order of this Court (see generally Uniform Rules for

Attorney Disciplinary Matters [22 NYCRR] § 1240.16); and it is

further 

ORDERED that, for the period of suspension, 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

the Uniform Rules for Attorney Disciplinary Matters regulating

the conduct of suspended attorneys (see Uniform Rules for

Attorney Disciplinary Matters [22 NYCRR] § 1240.15).

ENTER:

Robert D. Mayberger

Clerk of the Court