Appellate Division: Second Judicial Department

M48462

K/nl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

GABRIEL M. KRAUSMAN, JJ.

2006-06891 In the Matter of Benjamin Katz, admitted as Benjamin Zev Katz, an attorney and counselot-at-law. Grievance Committee for the Tenth Judicial District, petitioner; Benjamin Katz, respondent. (Attorney Registration No. 2657674)

DECISION & ORDER ON MOTION

Motion by the respondent, Benjamin Katz, for an order staying the current investigation by the Grievance Committee for the Tenth Judicial District into allegations of professional misconduct and allowing him to complete a monitoring program sponsored by a lawyers' assistance program approved by the court, in accordance with 22 NYCRR 691.4(m) or, in the alternative, suspending him pursuant to 22 NYCRR 691.13 on the basis of mental and emotional infirmity which renders him currently incapacitated from practicing law. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on April 5, 1995, under the name Benjamin Zev Katz. By letter dated October 11, 2006, the respondent's counsel, Chris G. McDonough, advised the court that he has been directed by his client to withdraw the pending motion.

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

ORDERED that the application of the respondent's counsel to withdraw the motion is granted and the motion is marked withdrawn; and it is further,

ORDERED that on the court's own motion, the Grievance Committee for the Tenth Judicial District is hereby authorized to institute and prosecute a disciplinary proceeding in this court, as petitioner, against Benjamin Katz, admitted as Benjamin Zev Katz, based upon the submissions of the parties made in connection with his motion, inter alia, to stay the underlying investigation against him; and it is further

ORDERED that Rita E. Adler, Chief Counsel to the Grievance Committee for the Tenth Judicial District, is hereby appointed as attorney for the petitioner in such proceeding; and it is further,

ORDERED that the petitioner Grievance Committee shall serve on the respondent, and shall file with this court, a notice of petition and petition within 30 days after receipt of this order; and it is further,

ORDERED that Benjamin Katz, admitted as Benjamin Zev Katz, is immediately suspended, pursuant to 22 NYCRR 691.13(c), based on his claimed medical disability, until a determination is made of his capacity to continue to practice law; and it is further,

ORDERED that Benjamin Katz, admitted as Benjamin Zev Katz, is directed to be expeditiously examined by a qualified medical expert; the examination shall be conducted within 30 days after the date of this decision and order on motion on a date and a time and place to be arranged by Chief Counsel for the Grievance Committee for the Tenth Judicial District, to determine whether he is incapacitated from continuing to practice law pursuant to 22 NYCRR 691.13(b)(1); and it is further,

ORDERED that the disciplinary proceeding is held in abeyance and the time for Benjamin Katz, admitted as Benjamin Zev Katz, to serve an answer to the petition is extended until further order of this court after receipt of the medical expert's report regarding his capacity to practice law; and it is further,

ORDERED that if Benjamin Katz, admitted as Benjamin Zev Katz, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency and Benjamin Katz, admitted as Benjamin Zev Katz, shall certify to the same in his affidavit of compliance pursuant to 22 NYCRR 691.10(f).

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

ENTER:

James Edward Pelzer

Clerk of the Court