Matter of Schaeffer

Matter of Schaeffer 2012 NY Slip Op 08221 Decided on November 29, 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 29, 2012

[*1]In the Matter of PETER K. SCHAEFFER JR., an Attorney. COMMITTEE ON PROFESSIONAL STANDARDS, Petitioner; PETER K. SCHAEFFER JR., Respondent. (Attorney Registration No. 2915932)

Calendar Date: November 19, 2012
Before: Mercure, J.P., Rose, Lahtinen, Malone Jr. and Garry, JJ.


Peter M. Torncello, Committee on Professional
Standards, Albany (Elizabeth M. Devane of counsel), for petitioner.
Peter K. Schaeffer, Dover, Delaware, respondent pro
se.

MEMORANDUM AND ORDER



Per Curiam.

Respondent was admitted to practice by this Court in 1998. He was subsequently admitted in Delaware in 2009, where he maintains an office for the practice of law.

By order dated May 21, 2012, the Supreme Court of Delaware publically reprimanded respondent after finding that he engaged in professional misconduct that, among other things, reflected adversely on his honesty, trustworthiness or fitness as a lawyer when he falsely reported a hostage situation during a 911 call, which report precipitated a predictable police response.

As a result of the discipline imposed in Delaware, petitioner moves for an order imposing discipline pursuant to this Court's rules (see 22 NYCRR 806.19). Having heard respondent in mitigation, we conclude that he has failed to 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.

We further conclude that, under the circumstances presented and in the interest of justice, respondent should be censured in this state. [*2]

Mercure, J.P., Rose, Lahtinen, Malone Jr. and Garry, JJ., concur.

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

ORDERED that respondent is hereby censured.