In the Matter of Michael J. Rosenblatt An Attorney at Law
Argued: March 21, 2019
District Docket No. XIV-2018-0173E
A. Brodsky, Chief Counsel
C. FROST, CHAIR
W. Figland appeared on behalf of the Office of Attorney
Ethics. Respondent did not appear, despite proper notice.
Honorable Chief Justice and Associate Justices of the Supreme
Court of New Jersey.
matter was before us on a motion for final discipline filed
by the Office of Attorney Ethics (OAE), pursuant to R.
1:20-13(c)(2), following respondent's guilty plea to
second-degree grand larceny, a class C felony, in violation
of New York State Penal Law § 155.40(1) (Consol. 1986).
These offenses constitute violations of RPC 1.15(a)
and the principles set forth in In re Wilson, 81
N.J. 451 (1979), and In re Hollendonner, 102 N.J. 21
(1985) (knowing misappropriation of client or escrow funds),
RPC 8.4(b) (committing a criminal act that reflects
adversely on the lawyer's honesty, trustworthiness or
fitness as a lawyer in other respects), and RPC
8.4(c) (conduct involving dishonesty, fraud, deceit or
reasons set forth below, we determine to grant the motion and
recommend respondent's disbarment for the knowing
misappropriation of more than $50, 000 in trust funds.
was admitted to the New Jersey and New York bars in 1988. At
the relevant times, he maintained an office for the practice
of law in New York City.
November 16, 2001, following respondent's six-month
suspension in the State of New York for ethics infractions
equivalent to New Jersey RPC 8.4(c) and RPC
8.4(d) (conduct prejudicial to the administration of
justice), the Court imposed reciprocal discipline of a
six-month suspension on him. In re Rosenblatt, 170
N.J. 36 (2001). Respondent remains suspended to date.
after respondent's business associate had defaulted on
the final two installments of a payment plan, respondent and
his father threatened the associate with physical harm if he
did not make the payments. In the Matter of
Michael J. Rosenblatt, DRB 00-393 (June 20, 2001) (slip
op. at 2). Respondent also left the associate two threatening
voice mail messages. Ibid. When the associate
reported the incidents to the New York City Police
Department, respondent denied having made the threats.
Thereafter, and while under oath, he repeated those denials
to New York state disciplinary authorities. Id., at 3.
January 10, 2006, respondent received a censure in New York
for conduct equivalent to New Jersey RPC 8.4(b).
In re Rosenblatt, 806 N.Y.S.2d 425 (N.Y.App.Div.
2006). In that case, respondent pleaded guilty, in a New York
state court, to soliciting business on behalf of an attorney,
an unclassified misdemeanor, and was sentenced to a one-year
conditional discharge. Ibid. Respondent did not
report the conviction or the censure to the OAE and, thus, he
received no discipline in this state for that crime.
on March 25, 2016, respondent pleaded guilty to second-degree
grand larceny, a class C felony, in violation of New York
State Penal Law § 155.40(1), which states: "A
person is guilty of grand larceny in the second degree when
he steals property and . . . [t]he value of the property
exceeds fifty thousand dollars." Respondent stole more
than $50, 000 in funds that he was holding in trust for a
third party, pursuant to the terms of a court order.
January 10, 2017, the Supreme Court of New York, Appellate
Division, First Judicial Department (New York court),
disbarred respondent, nunc pro tunc to March 25,
2016, the date of his conviction of the felony, which
constitutes grounds for automatic disbarment in that state.
In re Rosenblatt, 68 N.Y.S.3d 884 ...