In re Monaghan

OPINION OF THE COURT

By order of the United States District Court for the Southern District of New York (hereinafter the SDNY), dated March 27, 2001, the respondent was publicly censured for his race-based abuse of opposing counsel in violation of Code of Professional Responsibility DR 1-102 (a) (5) and (6) (22 NYCRR 1200.3 [a] *39[5], [6]). Upon the petitioner’s motion to impose discipline upon the respondent, pursuant to 22 NYCRR 691.3, based upon the disciplinary action taken by the SDNY, the respondent raised the defense that there was such an infirmity of proof establishing the misconduct…