Matter of Barry J. Benzing - Criminal Law Library Blog

SUPREME COURT, APPELLATE DIVISIONFIRST JUDICIAL DEPARTMENTDavid B. Saxe,Eugene NardelliJohn T. BuckleyJohn W. Sweeny, Jr.Rolando T. Acosta,Justice Presiding,Justices.---------------------------------------xIn the Matter of Barry J. Benzing,(admitted as Barry Joseph Benzing),a suspended attorney:Departmental Disciplinary Committee M-6694for the First Judicial Department,Petitioner,Joseph J. Benzing,Respondent.---------------------------------------xDisciplinary proceedings instituted by the DepartmentalDisciplinary Committee for the First Judicial Department.Respondent, Joseph J. Benzing, was admitted to the Bar ofthe State of New York at a Term of the Appellate Division ofthe Supreme Court for the Third Judicial Department onJanuary 23, 1996.Alan W. Friedberg, Chief Counsel, DepartmentalDisciplinary Committee, New York(Orlando Reyes, of counsel), for petitioner.No appearance for respondent.

M-6694 January 28, 2008IN THE MATER OF BARRY J. BENZING, A SUSPENDED ATTORNEYPER CURIAMRespondent Barry J. Benzing was admitted to the practice oflaw in the State of New York by the Third Judicial Department onJanuary 23, 1996, under the name Barry Joseph Benzing. At alltimes relevant to these proceedings, respondent maintained anoffice for the practice of law within the First JudicialDepartment. That office is now closed, respondent is delinquentin his registration with OCA, and he currently resides inVirginia.By order entered June 21, 2007, this Court issued an orderpursuant to 22 NYCRR 603.4(e)(1)(i) immediately suspendingrespondent from the practice of law based upon his lack ofcooperation with the Disciplinary Committee’s investigation ofprofessional misconduct which threatens the public interest.Specifically, the complaints alleged neglect, abandonment andfailure to return documents and fees to clients. Moreover,respondent failed to advise OCA of changes to his addresses andtelephone numbers as required by Judiciary Law § 468-a.A copy of this order was served upon respondent on June 26,2007.The Committee now seeks an order disbarring respondent fromthe practice of law pursuant to 22 NYCRR 603.4(g), without2

further proceedings, on the ground that he has been suspendedpursuant to 22 NYCRR 603.4(e)(1)(i) and has not appeared orapplied in writing to the Committee or this Court for a hearingor reinstatement since the date of his suspension which occurredmore than six months from the order of suspension. Althoughrespondent was served with a copy of this motion to disbar, hehas failed to respond.Given the fact that more than six months have elapsed sincethe date of this Court’s order of suspension, and respondent hasfailed to appear or apply in writing to the Committee or theCourt for a hearing or reinstatement, the motion to disbarrespondent pursuant to 22 NYCRR 603.4(g) should be granted.Respondent’s name is stricken from the roll of attorneys in theState of New York (Matter of Hoeniger, –AD3d –, 846 NYS2d 914[2007]; Matter of Ryans, 46 AD3d 71 [2007]; Matter of Johnson, 22AD3d 106 [2005]).All concur.Order filed.3