State of New York

Supreme Court, Appellate Division

Third Judicial Department

Decided and Entered: November 17, 2016 D-65-16 

___________________________________

In the Matter of BIBI B.

MUSAFIRI, an Attorney. MEMORANDUM AND ORDER

 ON MOTION

(Attorney Registration No. 4400867)

___________________________________

Calendar Date: October 11, 2016

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

__________

Monica A. Duffy, Attorney Grievance Committee for the Third

Judicial Department, Albany (Michael K. Creaser of counsel), for

the Attorney Grievance Committee for the Third Judicial

Department.

__________

Per Curiam.

Respondent was admitted to practice by this Court in 2006

and formerly resided in Virginia. By order entered April 9,

2015, this Court censured respondent upon sustained allegations

that she had neglected and failed to communicate with an

immigration client in Virginia and had failed to cooperate with

the Attorney Grievance Committee for the Third Judicial

Department (hereinafter AGC) in its investigation of that

client's complaint (127 AD3d 1405 [2015]). Subsequently,

respondent, who is not admitted to the bar of Virginia but,

nevertheless, practiced federal immigration law in that state,

was suspended from the practice of law for six months by

September 15, 2015 order of the Virginia State Bar Disciplinary

Board due to her failure to meet all required terms of a

disciplinary reprimand previously imposed against her in that

jurisdiction in connection with her representation of the same

immigration client referenced in this Court's April 2015 censure.
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AGC now moves pursuant to Uniform Rules for Attorney

Disciplinary Matters (22 NYCRR) § 1240.13 to impose discipline

upon respondent due to her Virginia suspension,1 as well as

respondent's failure to comply with all of the conditions of this

Court's April 2015 censure; namely, that she submit documentation

to AGC by April 9, 2016 certifying that she completed 12 credit

hours of accredited continuing legal education in ethics and

professionalism. Respondent has not replied to AGC's motion or

raised any available defenses (see Uniform Rules for Attorney

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

grant AGC's 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 respond to the

subject motion and the findings by the Virginia State Bar

Disciplinary Board that respondent failed to comply with its

prior order, as well as respondent's failure to comply with the

continuing legal education requirement in this Court's April 2015

order. Accordingly, upon consideration of all the facts and

circumstances, and in order to protect the public, maintain the

integrity of the profession and deter similar misconduct by

others, we conclude that – consistent with the discipline imposed

in Virginia – respondent should be suspended from the practice of

law for six months in this state (see e.g. Matter of

Ebrahimzadeh, 140 AD3d 1466 [2016]; Matter of Yehl, 90 AD3d 1139

[2011]; see generally Uniform Rules for Attorney Disciplinary

1 Although, as indicated above, respondent is not admitted

in Virginia, the client complaint was investigated pursuant to

Rule 8.5 of the Virginia Rules of Professional Conduct, which

provides, in relevant part, that: "a lawyer not admitted in

Virginia is also subject to the disciplinary authority of

Virginia if the lawyer provides, holds himself [or herself] out

as providing, or offers to provide legal services in Virginia. 

By doing so, such lawyer consents to . . . notices of any

disciplinary action by the Virginia State Bar. A lawyer may be

subject for the same conduct to the disciplinary authority of

Virginia and any other jurisdiction where the lawyer is

admitted."
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Matters [22 NYCRR] § 806.8 [b] [2]). We further note that any

application for reinstatement by respondent shall – in addition

to all other required materials – include documentation

establishing that respondent has met all requirements set forth

in the April 2015 order of censure.

McCarthy, J.P., Egan Jr., Lynch, Rose and Aarons, JJ.,

concur.

ORDERED that AGC's motion is granted; and it is further

ORDERED that respondent is suspended from the practice of

law for a period of six months, 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