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Re: Defaults Scheduled for Review by the Disciplinary Review Board

The following matters have been certified to the Disciplinary Review Board as defaults, in accordance with R. 1:20-4(f):

In the Matter of Barry W. Horowitz Docket No. DRB 06-049 District Docket No. XIV-04-562E

In the Matter of Steven T. Kearns Docket No. DRB 06-048 District Docket No. IIB-05-026E

In the Matter of Charles Mangan Docket No. DRB 06-056 District Docket No. IIIB-05-017E

In the Matter of Cathy Garrett-Davis Docket No. DRB 06-059 District Docket No. XIV-05-075E

In the Matter of Lawrence I. Poley Docket No. DRB 06-063 District Docket No. XIV-04-640E

In the Matter of Eric H. Bornstein Docket No. DRB 06-073 District Docket No. XIV-05-607E

These matters are scheduled to be reviewed by the Board on Thursday, April 20, 2006. R. 1:20-4(f) provides that an attorney-respondentís failure to timely file an answer "shall be deemed an admission that the allegations of the complaint are true and . . . provide sufficient basis for the imposition of discipline." Although chances for a successful motion are limited, a motion to vacate the default may be filed with the Board by no later than April 10, 2006. MOTIONS RECEIVED AFTER THE DEADLINE WILL NOT BE REVIEWED BY THE BOARD. The motion should specify why the attorney-respondent failed to file a timely answer (including lack of notice) and should set forth any claimed meritorious defenses to the ethics charge. The motion must also be simultaneously served on the Director of the Office of Attorney Ethics and, where appropriate, the district ethics committee responsible for the underlying ethics matter. A certification regarding that service must accompany any documents filed with the Board.

Respondents may communicate with the Board by contacting the Office of Board Counsel at:

P.O. Box 962, Trenton, NJ 08625, Telephone: 609-292-1012

Dated: March 27, 2006
Julianne K. DeCore
Chief Counsel
Disciplinary Review B

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