Appellate Division: Second Judicial Department

M48461

K/nl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

GLORIA GOLDSTEIN, JJ.

2006-09607 In the Matter of Robert Monahan, admitted as Robert Anthony Monahan, an attorney and counselor-at-law. Grievance Committee for the Tenth Judicial District, petitioner; Robert Monahan, respondent. (Attorney Registration No. 2803203)

DECISION & ORDER ON MOTION

Motion by the respondent, Robert Monahan, 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 2, 1997, under the name Robert Anthony Monahan.

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

ORDERED that the branch of the respondent's motion which was to allow him to complete a monitoring program pursuant to 22 NYCRR 691.4(m) is denied; 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 the respondent Robert Monahan, admitted as Robert Anthony Monahan, 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 the respondent, Robert Monahan, admitted as Robert Anthony Monahan, 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 the respondent, Robert Monahan, admitted as Robert Anthony Monahan, 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 the respondent, Robert Monahan, admitted as Robert Anthony Monahan, 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 the respondent, Robert Monahan, admitted as Robert Anthony Monahan, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency and the respondent, Robert Monahan, admitted as Robert Anthony Monahan, 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