Appellate Division: Second Judicial Department

M34449

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

GABRIEL M. KRAUSMAN, JJ.

2005-00864 In the Matter of Louis A. H. Pepper, admitted as Louis Aaron Pepper, a suspended attorney. Grievance Committee for the Tenth Judicial District, petitioner; Louis A. H. Pepper, respondent. (Attorney Registration No. 1303288)

DECISION & ORDER ON MOTION

Motions by the Grievance Committee for the Tenth Judicial District for an order finding the respondent in default of his obligation to answer a January 21, 2005, petition, deeming the charges contained in the petition established, and imposing such discipline upon the respondent as the court deems just and proper. Separate motion by the respondent's counsel, Buchanan Ingersoll, PC, (1) to be relieved as counsel for the respondent on the ground that the respondent has deliberately disregarded an agreement and an obligation to pay legal fees and expenses, (2) declaring that it has no further responsibility in this matter, (3) allowing the respondent the opportunity to take such steps as he may deem necessary to preserve his rights in this matter, and (4) granting a stay of proceedings for 30 days. By decision and order on motion of this court dated May 9, 2005, the respondent was immediately suspended from the practice of law, pursuant to 22 NYCRR 691.4(l)(1)(i), upon a finding that he was guilty of professional misconduct immediately threatening the public interest in that he failed to cooperate with the Grievance Committee's investigation, the Grievance Committee was authorized to institute and prosecute a disciplinary proceeding against him, and the issues raised were referred to the Honorable Lawrence J. Bracken, as Special Referee to hear and report. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on February 26, 1973, under the name Louis Aaron Pepper.

Upon the papers submitted in support of the motions and the papers submitted in opposition thereto, it is

ORDERED that the motion by Buchanan Ingersoll, PC, is granted and Buchanan Ingersoll, PC, is relieved as counsel for the respondent; and it is further,

ORDERED that the matter is adjourned for 30 days from service of a copy of this decision and order on motion upon the respondent for the purpose of allowing the respondent to obtain new counsel or to submit an answer pro se; and it is further,

ORDERED that the Grievance Committee's motion for an order finding the respondent in default is denied with leave to renew in the event the respondent fails to act within 30 days.

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

ENTER:

James Edward Pelzer

Clerk of the Court