Matter of Hoover

Matter of Hoover (2021 NY Slip Op 04532) Matter of Hoover 2021 NY Slip Op 04532 Decided on July 22, 2021 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 22, 2021 PM-97-21 [*1]In the Matter of Gregory Scott Hoover, an Attorney. (Attorney Registration No. 4968707.) Calendar Date:June 1, 2021 Before:Egan Jr., J.P., Clark, Aarons, Pritzker and Reynolds Fitzgerald, JJ. Monica A. Duffy, Attorney Grievance Committee for the Third Judicial Department, Albany (Alison M. Coan of counsel), for Attorney Grievance Committee for the Third Judicial Department. Dobson Law LLC, New York City (Craig Dobson of counsel), for respondent. Per Curiam. Respondent was admitted to practice in Oregon in 2002, in his home state of Washington in 1998, and by this Court in 2011. In March 2021, respondent entered into a stipulated disposition with Washington disciplinary authorities wherein he admitted to committing certain misconduct in his representation of a non-English speaking criminal defendant, which consisted of his failure to arrange for adequate translation services for his client's court proceedings as well as for his private communications with his client, and his failure to properly communicate the risks of rejecting a specific plea offer. Based upon such stipulation, the Supreme Court of Washington suspended respondent from the practice of law for the agreed-upon 30-day term, effective March 26, 2021.[FN1] Washington records now indicate that respondent is currently an attorney in good standing. The Attorney Grievance Committee for the Third Judicial Department (hereinafter AGC) now moves 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 as a consequence of his Washington misconduct. Respondent has submitted an affidavit conceding that he is subject to discipline based upon his Washington misconduct and asking this Court to impose a sanction no more severe than the suspension that he received in that state. Respondent has waived his ability to present any of his available defenses and has consented to the imposition of some form of discipline in this state. In any event, the record in this matter demonstrates that respondent stipulated to his misconduct and discipline, which evidences that he received sufficient due process and that his misconduct is sufficiently established (see Matter of Winograd, 184 AD3d 1073, 1074 [2020]), and it is also clear that his misconduct in Washington would also constitute misconduct in this state (see Rules of Professional Conduct [22 NYCRR § 1200.0] rules 1.3, 1.4). We therefore turn to our consideration of the appropriate sanction for his foreign misconduct (see Matter of Hoines, 185 AD3d 1349, 1350 [2020]). As part of our determination of the appropriate sanction, we have considered the factors identified in respondent's stipulation to discipline in Washington, which was ultimately accepted by the Supreme Court of Washington (see Matter of Berglund, 183 AD3d 1178, 1179 …

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