Matter of Ezeala (2018 NY Slip Op 05401) Matter of Ezeala 2018 NY Slip Op 05401 Decided on July 19, 2018 Appellate Division, Third 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: July 19, 2018 [*1]In the Matter of JUDE CHUKWUMA EZEALA, a Suspended Attorney. (Attorney Registration No. 3996493) Calendar Date: July 2, 2018 Before: Egan Jr., J.P., Devine, Mulvey, Aarons and Rumsey, JJ. Monica A. Duffy, Attorney Grievance Committee for the Third Judicial Department, Albany (Michael K. Creaser of counsel), for Attorney Grievance Committee for the Third Judicial Department. MEMORANDUM AND ORDER Per Curiam. In March 2017, the Attorney Grievance Commission of Maryland and respondent filed a Joint Petition for Indefinite Suspension by Consent, wherein respondent conceded that he could not defend against the allegations that he had violated rules 1.1, 1.3, 1.4, 1.5, 1.15 (a) and (c), 1.16 (d), 5.3 (c) and (d) and 8.4 (a) and (d) of the former Maryland Lawyers' Rules of Professional Conduct stemming from his neglect of a client's immigration matter. Consequently, that same month, the Court of Appeals of Maryland sustained the charges and suspended respondent from the practice of law in Maryland for an indefinite period of time [FN1]. Now, by order to show cause marked returnable July 2, 2018, the Attorney Grievance Committee for the Third Judicial Department (hereinafter AGC) moves this Court to impose discipline upon respondent pursuant to Rules for Attorney Disciplinary Matters (22 NYCRR) § 1240.13 and Rules of the Appellate Division, Third Department (22 NYCRR) § 806.13 based upon the discipline imposed in Maryland. Respondent has not replied to AGC's motion or otherwise submitted any documentation in mitigation.[FN2] Respondent has failed to respond to AGC's motion and, thus, has waived any of his available defenses (see Rules for Attorney Disciplinary Matters [22 NYCRR] § 1240.13 [b]). Moreover, we find that his misconduct in Maryland would constitute misconduct in this state in violation of the Rules of Professional Conduct (22 NYCRR 1200.0) (see generally Matter of Rain, ___ AD3d ___, ___, 2018 NY Slip Op 04820, *2 [2018]; Matter of Meagher, 156 AD3d 1218, 1219 [2017]; Matter of Castillo, 142 AD3d 729, 729 [2016]). Accordingly, we grant AGC's motion and turn to the issue of the appropriate disciplinary sanction (see Matter of Bailey, 145 AD3d 1182, 1182-1183 [2016]; Matter of Steig, 144 AD3d 1313, 1314 [2016]). Considering the nature of respondent's misconduct in Maryland, his longstanding registration delinquency and his apparent disregard for his fate as an attorney in this state, we conclude, upon consideration of all of the facts and circumstances presented and in order to protect the public, maintain the honor and integrity of the profession and deter others from committing similar misconduct, that respondent should be suspended indefinitely, effectively immediately (see Matter of Frank, 135 AD3d 1152, 1153 [2016]). We further note that any future application for reinstatement in this ...
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