Appellate Division: Second Judicial Department

M34482

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

DAVID S. RITTER, JJ.

1998-02925 In the Matter of Julian Kaplan, a disbarred attorney. Grievance Committee for the Tenth Judicial District, petitioner; Julian Kaplan, respondent. (Attorney Registration No. 1679885)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to modify a decision and order on motion of this court dated May 30, 2003, which, pursuant to 22 NYCRR 691.10(g), appointed Thomas P.L. Mahoney as conservator to inventory the files of Julian Kaplan and to take such action as seems indicated to protect the interests of the respondent and his former clients. By opinion and order of this Court dated June 14, 1999, the respondent was disbarred as a result of a disciplinary proceeding in which a charge of conversion and misappropriation of client escrow funds was sustained. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on August 8, 1980.

Upon the papers submitted in support of the motion and the papers submitted in response thereto, it is

ORDERED that the court-appointed conservator, Thomas P.L. Mahoney, shall provide an inventory to the respondent and to the Grievance Committee for the Tenth Judicial District of all the files and property obtained from the respondent's former law office; and it is further,

ORDERED that in all other respects the respondent's motion is denied, without prejudice to the conservator, Thomas P.L. Mahoney, to move to be relieved from his appointment as conservator upon confirmation that all of the files of the respondent's former clients involve completed matters, that there have been no complaints from the respondent's former clients and that no prejudice would arise to the former clients.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and RITTER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court