Matter of Gabay

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IN THE SUPREME COURT OF THE STATE OF DELAWARE IN THE MATTER OF A MEMBER OF THE BAR OF THE SUPREME COURT OF THE STATE OF DELAWARE: JOSEPH A. GABAY, Respondent. § § § § § § § § No. 409, 2002 Board Case No. 26, 2001 Submitted: August 12, 2002 Decided: August 27, 2002 Before VEASEY, Chief Justice, WALSH and HOLLAND, Justices. ORDER This 27th day of August 2002, it appears to the Court that a panel of the Board on Professional Responsibility filed a report and recommendation with the Court on July 17, 2002. The panel s report accepts the stipulation of facts and joint recommendation of sanction submitted by the Office of Disciplinary Counsel and the respondent, Joseph Gabay. The report resolves disciplinary charges against the respondent and recommends that the Court publicly reprimand the respondent and place him on a two-year period of probation as a result of his admitted misconduct. Neither the Office of Disciplinary Counsel nor the respondent filed any objections to the panel s report. The Court has reviewed the matter pursuant to Rule 9(e) of the Delaware Lawyers Rules of Disciplinary Procedure and has determined that the panel s report and recommendation should be accepted. NOW, THEREFORE, IT IS ORDERED that panel s report adopting the Prehearing Stipulation and Joint Recommendation of Sanction is hereby APPROVED. The Court hereby imposes a public reprimand and a two-year period of probation, with conditions. The Office of Disciplinary Counsel is directed to file within 10 days of the date of this Order the costs of the disciplinary proceedings, as well as the costs of the audits. Thereafter, the respondent is directed to have all costs paid within 30 days. The matter is hereby CLOSED. BY THE COURT: /s/ E. Norman Veasey Chief Justice 2

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