Matter of Rosen

Matter of Rosen 2012 NY Slip Op 07367 Decided on November 8, 2012 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: November 8, 2012

[*1]In the Matter of PETER ROSEN, an Attorney. COMMITTEE ON PROFESSIONAL STANDARDS, Petitioner; PETER ROSEN, Respondent. (Attorney Registration No. 2301158)

Calendar Date: July 30, 2012
Before: Peters, P.J., Malone Jr., Kavanagh, Garry and Egan Jr., JJ.


Peter M. Torncello, Committee on Professional
Standards, Albany (Michael K. Creaser of counsel), for petitioner.
Peter Rosen, Randolph, New Jersey, respondent pro se.

MEMORANDUM AND ORDER

Per Curiam.

Respondent was admitted to practice by this Court in 1989. He was previously admitted to practice in New Jersey in 1969, where he maintains an office for the practice of law.

By order dated January 24, 2012, the New Jersey Supreme Court publicly reprimanded respondent for engaging in professional misconduct by improperly shifting certain closing transfer fees from the seller to the purchasers in 12 real estate transactions, in violation of a New Jersey real estate regulatory act (Matter of Rosen, 209 NJ 157, 35 A3d 1196 [2012]).

As a result of the discipline imposed in New Jersey, petitioner moves for an order imposing discipline pursuant to this Court's rules (see 22 NYCRR 806.19). Respondent has submitted an affidavit in opposition that we conclude does not establish any of the available defenses to the imposition of such discipline (see 22 NYCRR 806.19 [d]), and we, therefore, grant petitioner's motion. [*2]

Having considered all of the circumstances presented, we further conclude that, consistent with the discipline imposed in New Jersey, respondent should be censured in this state.

Peters, P.J., Malone Jr., Kavanagh, Garry and Egan Jr., JJ., concur.

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

ORDERED that respondent is censured.