Matter of Salis


Matter of Salis (2022 NY Slip Op 06757) Matter of Salis 2022 NY Slip Op 06757 Decided on November 29, 2022 Appellate Division, First Department Per Curiam 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, 2022 SUPREME COURT, APPELLATE DIVISION First Judicial Department Sallie Manzanet-Daniels,J.P., Judith J. Gische Troy K. Webber Cynthia S. Kern Julio Rodriguez III, JJ. Motion No. 2022-03322 & 2022-03642 Case No. 2013-00285 [*1]In the Matter of Owolabi M. Salis, an Attorney and Counselor-at Law: Attorney Grievance Committee for the First Judicial Department, Petitioner, Owolabi M. Salis, (OCA ATTY. REG. NO. 4012886), 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 Second Judicial Department on June 26, 2002. Jorge Dopico, Chief Attorney, Attorney Grievance Committee, New York (Kevin M. Doyle, of counsel), for petitioner. Respondent pro se. Per Curiam Respondent Owolabi M. Salis was admitted to the practice of law in the State of New York by the Second Judicial Department on June 26, 2002. At all times relevant herein, respondent maintained an office for the practice of law within the First Judicial Department. In 2016, respondent was acquitted of criminal charges brought against him in New York County involving the filing of fraudulent immigration petitions. In 2017, the Department of Homeland Security referred respondent's conduct to the Attorney Grievance Committee (AGC), which led to charges related to the fraudulent filing of hundreds of visa petitions and adjustment of status applications. In 2019, this Court appointed a Referee to hold a hearing on the charges; after motion practice and delays caused by the pandemic, the Referee held a hearing in May 2021. Per respondent's request, the hearing focused solely on liability, with a sanction hearing, if necessary, to follow. On March 25, 2022, the Referee issued a report sustaining all charges, finding respondent to be in violation of Rules of Professional Conduct (22 NYCRR 1200.0) rules 3.1, 3.3(f), 7.1(a)(1), 7.1(f), 8.4(c), 8.4(d), and 8.4(h). On May 16, 2022 (two days before the sanction hearing), respondent moved for reargument or reconsideration of the Referee's liability findings, to disaffirm same, and to stay the sanction hearing. On May 18, 2022, the Referee presided over a sanction hearing. Respondent did not appear at the hearing, nor did he phone or email to explain his absence. The Referee found respondent in default and the sanction hearing proceeded. By June 9 and June 10, 2022 submissions to the Referee, respondent maintained, inter alia, that the sanction hearing should not have convened while his motions for reargument/reconsideration of the Referee's findings were pending with the Court. On June 22, 2022 (M-2028), this Court denied respondent's motion for reargument or reconsideration of the Referee's liability findings, to disaffirm same, …

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