Appellate Division: Second Judicial Department

M46712

K/nl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

GLORIA GOLDSTEIN, JJ.

2005-08600 In the Matter of Robert E. Ferguson, a suspended attorney. Grievance Committee for the Second and Eleventh Judicial Districts, petitioner; Robert E. Ferguson, respondent. (Attorney Registration No. 2251213)

DECISION & ORDER ON MOTION

By decision and order on motion of this court dated December 7, 2005, a motion by the Grievance Committee for an order directing the respondent to submit to an independent psychiatric examination to determine his fitness to practice law, pursuant to 22 NYCRR 691.13(b), was granted and the respondent was directed to submit to an examination by a qualified medical expert to determine whether he is incapacitated from practicing law by reason of mental infirmity or illness. By opinion and order of this court dated August 9, 1999, the respondent was suspended from the practice of law for a period of one year, commencing September 9, 1999, under Appellate Division Docket No. 1998-01466, based upon 10 charges of professional misconduct, including failure to maintain a duly constituted escrow account, commingling, making cash withdrawals from the escrow account, and failing to keep and/or produce required bookkeeping records (see Matter of Ferguson, 259 AD2d 186). The respondent was never reinstated and, thus far, has made no motion for reinstatement. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 25, 1969.

Now, upon the report of Virginia L. Susman, M.D., it is

ORDERED that the respondent's suspension is continued, on the additional ground that he is incapacitated from the practice of law by reason of mental infirmity, pursuant to 22 NYCRR 691.13(b), based upon the report of Dr. Susman, dated July 13, 2006; and it is further,

ORDERED that the respondent shall continue to 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 Robert E. Ferguson, is commanded to continue 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 himself out in any way as an attorney and counselor-at-law; and it is further,

ORDERED that if the respondent, Robert E. Ferguson, 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 his affidavit of compliance pursuant to 22 NYCRR 691.10(f).

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

ENTER:

James Edward Pelzer

Clerk of the Court