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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 Jeffrey E.Thakker Docket No. DRB 03-423
In the Matter of Francis X. Gavin Docket No. DRB 03-424
In the Matter of Sherry Dorell King Docket No. DRB 03-428
In the Matter of Theodore Kozlowski Docket No. DRB 03-429
In the Matter of Theodore Kozlowski Docket No. DRB 03-437
In the Matter of Elliott D. Moorman Docket No. DRB 03-436
In the Matter of Donald B. Devin Docket No. DRB 03-438
In the Matter of Robert S. Fisher Docket No. DRB 04-009
In the Matter of Paul J. Paskey Docket No. DRB 04-010
In the Matter of Lawrence F. Capaci Docket No. DRB 04-012

These matters are scheduled to be reviewed by the Board on Friday, February 13, 2004. R.1:20-4(f) provides that an attorney-respondent’s 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 February 2, 2004. 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: January 16, 2004 Julianne K. DeCore Chief Counsel

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