Appellate Division: Second Judicial Department

M39140

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

GABRIEL M. KRAUSMAN, JJ.

2001-10739 In the Matter of Charles A. Fontana, a disbarred attorney. Grievance Committee for the Second and Eleventh Judicial Districts, petitioner; Charles A. Fontana, respondent. (Attorney Registration No. 1787688)

DECISION & ORDER ON MOTION

Motion by the court-appointed conservator, Alison M. Aplin, for an order: 1) relieving her as conservator of the files of Charles A. Fontana; 2) directing that the unclaimed files be destroyed, stored, or retained by the State of New York; 3) designating the manner in which those files are to be destroyed, stored, or retained by the State of New York; and 4) designating the party or parties to oversee the destruction, storage, or retention of the files. By decision and order on motion dated April 14, 2003, the court appointed Alison M. Aplin as conservator to inventory the files of the then suspended attorney, Charles A. Fontana, pursuant to 22 NYCRR 691.10(g), in order to protect the interests of the respondent's former clients and directed the respondent to cooperate with the conservator by turning over all files as requested or required by the conservator. By opinion and order of this court dated December 18, 2003, the respondent was disbarred based upon his resignation.

Upon the papers submitted in support of the motion, it is

ORDERED that the motion is granted to the extent that Alison M. Aplin is hereby discharged of her duties to inventory the respondent's files; and it is further,

ORDERED that the Grievance Committee for the Second and Eleventh Judicial Districts is authorized to take possession of the remaining files for storage or destruction where appropriate.

PRUDENTI, P.J., FLORIO, MILLER, SCHMIDT and KRAUSMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court