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  • Case Opinion

Matter of Oberlander

Matter of Oberlander

Supreme Court of New York, Appellate Division, Second Department

September 11, 2019, Decided

2019-00958

Opinion

[EDITOR'S NOTE: This document reflects the format of the Official New York Appellate Division Reports.]

 [*73]  [**144]   The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 23, 1999, under the name Frederick Martin Oberlander. By order to show cause dated February 6, 2019, this Court directed the respondent to show cause why an order should not be made and entered pursuant to 22 NYCRR 1240.13 imposing discipline upon him for the misconduct underlying the discipline imposed by an order of the United States District Court for the Eastern District of New York dated August 13, 2018, by filing an affidavit in accordance with 22 NYCRR 1240.13(b) with the Clerk of this Court.

PER CURIAM.

OPINION & ORDER

By order dated August 13, 2018, the United States District Court for the Eastern District of New York suspended the respondent from the practice of law for a period of one year, commencing September 1, 2018.

The underlying proceeding involved allegations that the respondent engaged [***2]  in a relentless campaign to extort a settlement by publicly releasing documents that had been sealed by a federal court, and that in furtherance of that effort, the respondent intentionally defied the orders of three different judges in the Southern and Eastern Districts of New York as well as the United State Court of Appeals for the Second Circuit (hereinafter Second Circuit), filed a slew of frivolous motions and lawsuits, and repeatedly accused the courts of illegal and fraudulent conduct.

Underlying Facts

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177 A.D.3d 72 *; 107 N.Y.S.3d 143 **; 2019 N.Y. App. Div. LEXIS 6514 ***; 2019 NY Slip Op 06496 ****; 2019 WL 4302827

 [****1]  In the Matter of Frederick M. Oberlander, admitted as Frederick Martin Oberlander, an attorney and counselor-at-law. (Attorney Registration No. 3878212)

Notice: THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION.

 THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.

Subsequent History: As Corrected September 20, 2019.

Vacated by, in part, Motion denied by, in part Matter of Oberlander, Frederick M.; Grievance Committee for the Tenth, 2020 N.Y. App. Div. LEXIS 4909 (N.Y. App. Div. 2d Dep't, Feb. 19, 2020)

Prior History: In re Oberlander, 2018 U.S. Dist. LEXIS 228853 (E.D.N.Y., Nov. 7, 2018)

CORE TERMS

sealed, dissemination, orders, documents, engaging, copies, order to show cause, practice of law, accusations, discipline, settlement, proceedings, frivolous, suspended

Legal Ethics, Professional Conduct, Tribunals