In re Kelleher

By order entered December 8, 2011, respondent *1650was disbarred by this Court upon his failure to answer a petition of charges or appear upon petitioner’s subsequent default motion (.Matter of Kelleher, 90 AD3d 1229 [2011]). He now moves to vacate the default judgment and order disbarring him, requesting that his papers be considered in mitigation and that a less severe penalty be imposed. Petitioner opposes the motion.

We grant respondent’s motion to the extent that we have heard him in mitigation on his submission of papers and at oral argument, where respondent sets forth personal stressors…