Appellate Division: Second Judicial Department

M38509

K/nl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-06738 In the Matter of Martin C. Prinner, admitted as Martin Charles Prinner, a suspended attorney. Grievance Committee for the Ninth Judicial District, petitioner; Martin C. Prinner, respondent. (Attorney Registration No. 1541879)

DECISION & ORDER ON MOTION

By decision and order on motion of this court dated November 22, 2005: 1) the respondent was suspended from the practice of law, pursuant to 22 NYCRR 691.4(l)(l)(i) and (iii), upon a finding that he is guilty of professional misconduct immediately threatening the public interest in that he has failed to comply with lawful demands of the Grievance Committee in connection with its investigation and based on uncontroverted evidence of professional misconduct; 2) the Grievance Committee for the Ninth Judicial District was authorized to institute and prosecute a disciplinary proceeding against respondent; and 3) the issues raised were referred to the Honorable Jerome M. Becker, 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 Third Judicial Department on January 17, 1979, under the name Martin Charles Prinner.

The Grievance Committee was apprised that the respondent passed away on December 12, 2005, and has since submitted an official certificate of death to the court. The Grievance Committee now moves for the appointment of a conservator to inventory the respondent's files and to take such action as seems necessary to protect the interests of his clients.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the motion is granted; and it is further

ORDERED that pursuant to 22 NYCRR 691.10(g), Richard Fuchs, Esq., 6 Balmoral Drive, New City, N.Y. 10950, is appointed to inventory the files of the respondent and to take such action as is deemed proper and advisable to protect the interests of the decedent's former clients; and it is further,

ORDERED that on the court's own motion, the previously-authorized disciplinary proceeding is discontinued by reason of the respondent's demise.

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

ENTER:

James Edward Pelzer

Clerk of the Court