On Wednesday, October 18, 2023, the Supreme Court of the State of New York Appellate Division: Second Judicial Department ruled on the motion of the Grievance Committee against Attorney Martin S. Fishman and ordered his disbarment.
The case is titled ‘n the Matter of Martin S. Fishman,’ with case no. 2023-04189.
The charge states that Attorney Fishman engaged in conduct prejudicial to the administration of justice and conduct reflecting negatively on his fitness as a lawyer. The Grievance Committee for the Ninth Judicial District brought one charge of professional misconduct against Mr. Fishman, alleging that he failed to cooperate with their investigation into a complaint about his professional conduct, which violated rules 8.4(d) and (h) of the Rules of Professional Conduct.
Attorney Fishman was served with a notice of petition and a verified petition on May 11, 2023, but he did not respond or request additional time to do so. The Grievance Committee moved to establish the charge against him based on his default and to impose appropriate discipline. They also sought to immediately suspend Attorney Fishman from practicing law, citing professional misconduct that posed a threat to the public interest. Again, Attorney Fishman did not oppose these motions or provide any response.
As a result, the Court granted the Grievance Committee’s motion to establish the charge as deemed and ordered Attorney Fishman’s disbarment. His name was removed from the list of attorneys and counselors-at-law. The separate motion to suspend him from practicing law was denied as academic. Mr. Fishman was also ordered to comply with the rules governing disbarred or suspended attorneys and to cease practicing law, appearing as an attorney, providing legal opinions or advice, and presenting himself as an attorney and counselor-at-law. If Attorney Fishman had a secure pass issued by the Office of Court Administration, he was required to return it promptly and certify its return.
According to Avvo.com, Attorney Martin S. Fishman practiced as an employment and labor attorney in New York, New York prior to his disbarment. He attended the State University of New York at Buffalo School of Law. He acquired his law license in New York in 1970.
A copy of the original filing can be found here.