Appellate Division: Second Judicial Department

M56234

M/nl

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

ROBERT W. SCHMIDT

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2007-01881 In the Matter of Peter J. Schmerge, a suspended attorney. Grievance Committee for the Ninth Judicial District, petitioner; Peter J. Schmerge, respondent. (Attorney Registration No. 1629799)

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Ninth Judicial District for an order, inter alia: (1) suspending the respondent from the practice of law on an interim basis, pursuant to 22 NYCRR 691.4(l)(1), (I),(ii) and (iii) upon a finding that he is guilty of misconduct immediately threatening the public interest in that he has failed to cooperate with its lawful demands, and based upon his substantial admissions under oath and upon other uncontroverted evidence of his professional misconduct, and (2) authorizing it to supplement the petition in a previously-authorized disciplinary proceeding against him with the additional charges set forth in a supplemental memorandum dated March 28, 2007. By decision and order on motion of this court dated May 15, 2007, the respondent was immediately suspended from the practice of law pursuant to 22 NYCRR 691.4(l)(1)(I), (ii), and (iii), upon a finding that he engaged in misconduct immediately threatening the public interest by failing to cooperate with the Grievance Committee, and based upon his substantial admissions under oath and upon other uncontroverted evidence of professional misconduct. That order further authorized the Grievance Committee to institute and prosecute a disciplinary proceeding against the respondent and directed that a hearing be held before Richard Greenblatt, Esq., as Special Referee. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the First Judicial Department on February 14, 1972.

Upon the papers submitted in support of the application and no opposition having been submitted in response thereto, it is

ORDERED that the branch of the motion which is to immediately suspend the respondent is denied as academic; and it is further,

ORDERED that branch of the motion which is to supplement the previously-authorized petition with the additional charges set forth in the supplemental memorandum dated March 28, 2007, is granted to the extent that the prior petition may be supplemented with proposed additional charges Thirteen and Fifteen, and that branch of the motion is otherwise denied; and it is further,

ORDERED that within 30 days after the date of this decision and order, the petitioner shall serve its supplemental petition upon the respondent and the Special Referee, and shall file a copy thereof with this court; and it is further,

ORDERED that within 20 days after service upon him of a copy of the supplemental petition, the respondent shall serve a copy of his answer, if any, on the petitioner and the Special Referee and shall file the original answer with this court; and it is further,

ORDERED that the issues raised in the supplemental petition and any answer thereto be referred to Richard Greenblatt, Esq., Rutberg & Associates, P.C., 3657 Albany Road, Poughkeepsie, N.Y., 12601, as Special Referee, to hear and report on the supplemental charges as well as the charges previously referred to him, together with his her findings on the issues, within 60 days after the conclusion of the hearing on the submission of post-hearing memoranda.

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

ENTER:

James Edward Pelzer

Clerk of the Court