Appellate Division: Second Judicial Department

M36336

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

DANIEL F. LUCIANO, JJ.

2004-04553 In the Matter of Edward Moskowitz, an attorney and counselor-at-law. Grievance Committee for the Second and Eleventh Judicial Districts, petitioner, Edward Moskowitz, respondent. (Attorney Registration No. 1496264)

DECISION & ORDER ON MOTION

Motion by the respondent pursuant to CPLR 2201 for a stay of his disciplinary proceeding pending the disposition of his appeal to the Court of Appeals or, in the alternative, for leave to appeal to the Court of Appeals from a decision and order on motion of this court dated November 30, 2005. By decision and order on application of this court dated December 6, 2004, the Grievance Committee was authorized to institute and prosecute a disciplinary proceeding against the respondent and the issues raised were referred to the Honorable Francis X. Egitto, as Special Referee, to hear and report. By decision and order on motion of this court dated November 30, 2005, the Grievance Committee's motion for summary judgment in its favor and to direct the previously- designated Special Referee to fix a date and time for a hearing at which the respondent may be heard in mitigation was granted, and the respondent's cross motions (1) to deny the Grievance Committee's motion for summary judgment and to dismiss Charges One and Two of the petition as a matter of law, or in the alternative, to hold the Grievance Committee's motion in abeyance pending the respondent's receipt of certain disclosure from the nonparty Old Republic National Title Insurance Co., and (2) to direct the nonparty Old Republic National Title Insurance Co., to respond in full to the respondent's subpoena duces tecum dated February 17, 2005, and to hold the Grievance Committee's motion for summary judgment in abeyance pending the respondent's receipt of the requested disclosure, were denied, and Special Referee Francis X. Egitto was directed to fix a date and time for a hearing, solely on the issue of mitigation and to file a report containing his findings. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on October 18, 1972.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied in all respects; and it is further,

ORDERED that Special Referee Francis X. Egitto is directed to proceed with the disciplinary proceeding.

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

ENTER:

James Edward Pelzer

Clerk of the Court