Appellate Division: Second Judicial Department

M40528

S/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

STEPHEN G. CRANE, JJ.

2006-02428 In the Matter of Margaret A. Hurst, an attorney and counselor-at-law. Grievance Committee for the Tenth Judicial District, petitioner; Margaret A. Hurst, respondent. (Attorney Registration No. 1959782)

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Tenth Judicial District for an order: 1) directing that the respondent be examined by a qualified medical expert or experts, as the court shall designate, to determine whether respondent is incapacitated from practicing law by reason of mental infirmity or illness and, if upon due consideration the court concludes that the respondent is incapacitated from practicing law, that the respondent be suspended on the ground of such disability for an indefinite period and until further order of the court; and 2) appointing a conservator to inventory the respondent's files, if any, and to take such action as is deemed proper and advisable to protect the interests of the respondent and her clients. 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 31, 1984.

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

ORDERED that the branch of the Grievance Committee's motion which seeks an examination of the respondent by a qualified medical expert to be designated by the court is denied; and it is further,

ORDERED that the respondent is suspended from the practice of law on the grounds of mental incapacity, pursuant to 22 NYCRR 691.13(b), based upon the expert opinions of the respondent's treating psychiatrist and counselor and upon her own admissions; and it is further,

ORDERED that the respondent shall promptly comply with this court's rules governing the conduct of disbarred, suspended, and resigned attorneys (see 22 NYCRR 691.10); and it is further,

ORDERED that pursuant to Judiciary Law § 90, during the period of suspension and until further order of this court, the respondent, Margaret A. Hurst, is commanded to desist and refrain from (1) practicing law in any form, either as principal or agent, clerk, or employee of another, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority, (3) giving to another an opinion as to the law of its application or any advice in relation thereto, and (4) holding herself out in any way as an attorney and counselor-at-law; and it is further,

ORDERED that if the respondent, Margaret A. Hurst, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency and the respondent shall certify to the same in her affidavit of compliance pursuant to 22 NYCRR 691.10(f); and it is further,

ORDERED that the Grievance Committee shall hold its pending investigation in abeyance; and it is further,

ORDERED that the portion of the Grievance Committee's motion which seeks the appointment of a conservator is granted and that Catherine Sammartino, Esq., 67 The Helm, East Islip, N.Y. 11730, is appointed as conservator, pursuant to 22 NYCRR 691.10(g), to inventory the respondent's files and to take such action as is deemed proper and advisable to protect the interests of the clients as well as the suspended attorney.

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

ENTER:

James Edward Pelzer

Clerk of the Court