State of New York

Supreme Court, Appellate Division

Third Judicial Department

Decided and Entered: July 23, 2015 D-55-15 

___________________________________

In the Matter of JOSEPH C.

LANE, a Suspended Attorney. MEMORANDUM AND ORDER

 ON MOTION

(Attorney Registration No. 2536738)

___________________________________

Calendar Date: June 22, 2015

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

__________

Monica A. Duffy, Committee on Professional Standards,

Albany (Alison M. Coan of counsel), for Committee on Professional

Standards.

__________

Per Curiam.

Joseph C. Lane was admitted to practice by this Court in

1993 after being admitted in New Jersey in 1992. He currently

practices law in New Jersey.

Effective October 24, 2009, Lane was indefinitely suspended

from the practice of law by this Court due to his failure to

comply with attorney registration requirements since 1999 (see

Matter of Attorneys in Violation of Judiciary Law § 468-a, 65

AD3d 1447, 1457 [2009]). He remains so suspended.

By order issued September 24, 2014, the Supreme Court of

New Jersey censured Lane for failing to safeguard client funds,

failing to promptly deliver funds to a client or third person and

engaging in a conflict of interest by concurrently representing

two clients despite the risk of conflicting interests (Matter of

Lane, 219 NJ 321, 98 A3d 573 [2014]). The Committee on

Professional Standards now moves for an order imposing discipline

upon Lane pursuant to this Court's rules as a result of the
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discipline imposed in New Jersey (see Rules of App Div, 3d Dept

[22 NYCRR] § 806.19). Lane has not replied to the Committee's

motion or otherwise raised any available defenses (see Rules of

App Div, 3d Dept [22 NYCRR] § 806.19 [d]); therefore, we grant

the Committee's motion (see Matter of Halbfish, 78 AD3d 1320,

1321 [2010]).

Turning to the issue of an appropriate disciplinary

sanction, we note the presence of aggravating circumstances

herein, including, among other things, Lane's failure to respond

to the subject motion and his longstanding delinquency in this

state with respect to his biennial attorney registration

obligation. Accordingly, under all the facts and circumstances

presented, and especially noting Lane's evident disregard for his

fate as an attorney in this state, we conclude that he should be

suspended for a period of six months (see e.g. Matter of Weil,

109 AD3d 1019, 1019-1020 [2013]; Matter of Dahl, 108 AD3d 1009,

1010 [2013]; Matter of Halbfish, 78 AD3d at 1321). We further

direct that said suspension will take effect and commence at such

time as Lane applies for and is granted reinstatement following

his current indefinite suspension for attorney registration

delinquency (see Matter of Chan, 126 AD3d 1111, 1112 [2015]).

Lahtinen, 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 Joseph C. Lane is suspended from the practice

of law for a period of six months, effective at such time as Lane

is reinstated following his current suspension, and until further

order of this Court; and it is further
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ORDERED that, for the period of suspension, Joseph C. Lane

is commanded to continue to desist and refrain from the practice

of law in any form, either as principal or as agent, clerk or

employee of another; and Lane is 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 Joseph C. Lane shall comply with the

provisions of this Court's rules regulating the conduct of

suspended attorneys (see Rules of App Div, 3d Dept [22 NYCRR]

§ 806.9).

ENTER:

Robert D. Mayberger

Clerk of the Court