Matter of Soloway (2021 NY Slip Op 04791) Matter of Soloway 2021 NY Slip Op 04791 Decided on August 26, 2021 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. Decided and Entered: August 26, 2021 SUPREME COURT, APPELLATE DIVISION First Judicial Department Dianne T. Renwick,J.P., Cynthia S. Kern Jeffrey K. Oing Peter H. Moulton Manuel J. Mendez, JJ. Motion No. 2021-02474 Case No. 2021-02689 [*1]In the Matter of Lavi S. Soloway, (Admitted as Lavi Sholem Soloway), an Attorney and Counselor-at Law: Attorney Grievance Committee for the First Judicial Department, Petitioner, Lavi S. Soloway, (OCA Atty. Reg. No. 2502516), Respondent. Disciplinary proceedings instituted by the Attorney Grievance Committee for the First Judicial Department. Respondent was admitted to the Bar of the State of New York at a Term of the Appellate Division of the Supreme Court for the First Judicial Department on September 21, 1992. Jorge Dopico, Chief Attorney, Attorney Grievance Committee, New York (Yvette A. Rosario, of counsel), for petitioner. Respondent, pro se. Per Curiam Respondent Lavi S. Soloway was admitted to the practice of law in the State of New York by the First Judicial Department on September 21, 1992, under the name Lavi Sholem Soloway. Respondent's last registered address is in California, where he resides. The Attorney Grievance Committee (AGC) moves for an order, pursuant to the Rules for Attorney Disciplinary Matters (22 NYCRR) § 1240.9(a) (1) and (3), immediately suspending respondent from the practice of law until further order of this Court, based on his failure to answer two complaints and failure to appear for a deposition as directed by judicial subpoena. In January 2020, a client (client #1) filed a complaint alleging that respondent had mishandled her immigration matter in that he gave her "wrong and late instruction" regarding her court date which resulted in a removal order being entered against her in absentia. Although he filed a last-minute motion to reopen her case, the court denied the motion because it was evidentiarily insufficient, noting the absence of an affidavit from the client concerning her nonappearance. By a March 9, 2020 letter sent to his last registered business address, the AGC requested respondent submit a written answer to the client's complaint within 20 days. The letter was not returned, and respondent did not submit an answer. By a June 11, 2020 email sent to the email address respondent last registered with OCA the AGC again requested that he answer the client's complaint within 20 days. The AGC received back an automated reply which stated, in sum and substance, that respondent's law office had been closed since March 12 due to the COVID-19 pandemic, he was working full time from his home, and he provided a telephone number at which he could be reached. Between May 7 and July 29, 2020, an AGC paralegal called respondent and left voice mail messages regarding submitting …
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