Appellate Division: Second Judicial Department

M47396

K/nl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

DAVID S. RITTER, JJ.

2005-09239 In the Matter of Efren B. Abella, an attorney and counselor-at-law. Grievance Committee for the Tenth Judicial District, petitioner; Efren B. Abella, respondent. (Attorney Registration No. 2199883)

DECISION & ORDER ON MOTION

By decision and order on motion of this court dated January 11, 2006, the Grievance Committee's motion for an order pursuant to 22 NYCRR 691.13(b) directing that the respondent be examined by a qualified medical expert designated by the court to determine whether he is incapacitated from practicing law by reason of mental infirmity or illness, suspending him on those grounds if he is found to be incapacitated, and appointing an attorney to inventory the respondent's files was granted to the extent that a medical examination was ordered and the remaining branches of the motion were held in abeyance pending receipt of the medical expert's report. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 28, 1990.

Upon the report of Robert B. Devinney, Ph.D., dated June 9, 2006, it is

ORDERED that the pending motion is granted and the respondent is suspended on the ground of mental incapacity pursuant to 22 NYCRR 691.13(b)(1), for an indefinite period of time and until further order of this court; 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, Efren B. Abella, 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 himself out in any way as an attorney and counselor-at-law; and it is further,

ORDERED that if the respondent, Efren B. Abella, 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); 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 as seeks the appointment of a conservator is granted and that Robert P. Guido, Esq., of the Office of Special Counsel, 30 East Hoffman Avenue, Lindenhurst, N.Y. 11757-5011, is appointed as inventory attorney, 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 RITTER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court