interpose in the full disciplinary proceeding that will follow this interim suspension. We
find, nonetheless, that the incidents we have identified in this decision satisfy the
requirement of uncontroverted misconduct required for an interim suspension.
Immediate Threat to the Public Interest
Uncontroverted claims of misconduct alone will not provide a basis for interim
suspension, unless there is a concomitant showing of an immediate threat to the public
interest (22 NYCRR 1240.9[a]). We recognize that this case presents unique
circumstances. Nonetheless, there are certain factors we generally consider in
connection with whether an immediate threat of harm to the public has been
established.
Violation of the Rules of Professional Conduct in and of themselves necessarily
means that there is harm to the public (Matter of Nearing, 16 AD2d at 516). One
obvious factor to consider on an interim suspension application is whether the
misconduct is continuing (Matter of Singer, 301 AD2d 336, 337 [1st Dept 2002]). Even
where there are no actual incidents of continuing misconduct, immediate harm
threatening the public can be based on the risk of potential harm when considered in
light of the seriousness of the underlying offense (Matter of Tannenbaum, 16 AD3d 66
[1st Dept 2005]). Many cases where the seriousness of the offending conduct alone
satisfies the immediate threat requirement for an interim suspension concern the
mishandling of money (see Matter of Hornstein, 121 AD3d 1 [1st Dept 2014]; Matter of
Jackson, 103 AD3d 10 [1st Dept 2013]; Matter of Schachter, 100 AD3d 45 [1st Dept
2010]; Matter of Tannenbaum at 67). The broader principle to be drawn from these
cases is that when the underlying uncontroverted evidence of professional misconduct is
very serious, the continued risk of immediate harm to the public during the pendency of
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