Appellate Division: Second Judicial Department

M38556

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-04551, 2005-11358 In the Matter of Warren R. Kraft, admitted as Warren Randolph Kraft, a suspended attorney. Grievance Committee for the Second and Eleventh Judicial Districts, petitioner; Warren R. Kraft, respondent. (Attorney Registration No. 2205706)

DECISION & ORDER ON MOTION

By decision and order on motion of this court dated November 18, 2004, the Grievance Committee for the Second and Eleventh Judicial Districts was authorized to institute and prosecute a disciplinary proceeding against the respondent and the issues raised were referred to the Honorable James A. Gowan, as Special Referee to hear and report (Appellate Division Docket No. 2004-04551). By further decision and order on motion of this court dated March 15, 2005, the branch of the Grievance Committee's motion which sought the respondent's immediate suspension was denied but the branch of the motion which sought leave to serve a supplemental petition of charges against the respondent was granted and the issues raised by that petition and any answer thereto were referred to Special Referee Gowan, to hear and report, along with the charges previously referred to him. By decision and order on motion of this court dated October 11, 2005, the Grievance Committee's second motion to suspend the respondent from the practice of law pursuant to 22 NYCRR 691.4(l)(1)(i) was granted, the Grievance Committee was authorized to serve a second supplemental petition in the pending disciplinary proceeding, and the issues raised were referred to Special Referee Gowan, along with the charges previously referred to him. By decision and order on motion of this court dated January 11, 2006, the motion of Jerome Karp, P.C., attorney of record for the respondent, to be relieved as attorney of record in this proceeding, was granted and the proceeding was adjourned for 30 days from the date of service of a copy of that decision and order on motion upon the respondent to afford him an opportunity to retain new counsel or to proceed pro se. By decision and order on motion dated February 17, 2006, the Grievance Committee was authorized to institute and prosecute a second disciplinary proceeding against the respondent and the issues raised were referred to the Honorable James A. Gowan, as Special Referee to hear and report (Appellate Division Docket No. 2005-11358). The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on July 27, 1988, under the name Warren Randolph Kraft.

On the court's own motion, it is

ORDERED that the pending disciplinary proceedings are held in abeyance pending determination of a notice pursuant to 22 NYCRR 691.3 with exhibit, dated December 16, 2005, based upon the respondent's disbarment by order of the Supreme Court of New Jersey dated December 8, 2005, for knowing misappropriation of client trust funds.

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

ENTER:

James Edward Pelzer

Clerk of the Court