Appellate Division: Second Judicial Department

M57323

K/nl

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

ROBERT W. SCHMIDT

WILLIAM F. MASTRO

GABRIEL M. KRAUSMAN, JJ.

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

DECISION & ORDER ON MOTION

By decision and order on motion of this court dated December 19, 2006, an application by the respondent's counsel Chris G. McDonough to withdraw a pending motion by the respondent to stay the investigation of the Grievance Committee for the Tenth Judicial District into allegations of professional misconduct and to allow the respondent to complete a monitoring program sponsored by a lawyers' assistance program approved by the court, in accordance with 22 NYCRR 691.4(m), was granted; the Grievance Committee was authorized, on the court's own motion, to institute and prosecute a disciplinary proceeding against the respondent; the respondent was immediately suspended, pursuant to 22 NYCRR 691.13(c), based on his claimed medical disability, until a determination could be made with respect to his capacity to practice law; the respondent was directed to be examined by a qualified medical expert; and the disciplinary proceeding was held in abeyance pending receipt of the medical expert's report regarding the respondent's capacity to practice 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.

Pursuant to the decision and order on motion of this court dated December 19, 2006, the respondent was examined by N.G. Berrill, Ph.D, a Consulting Forensic Psychologist with the New York Center for Neuropsychology and Forensic Behavioral Science, on February 2, 2007. Dr. Berrill's report was received by the court on May 2, 2007.

Now, on the court's own motion, and upon the report of the medical expert, it is

ORDERED that the respondent's suspension pursuant to 22 NYCRR 691.13(c), which was based upon his claimed medical disability, is vacated; and it is further,

ORDERED that the parties are directed to proceed with the previously authorized disciplinary proceeding which was held in abeyance by order of this court dated December 19, 2006; and it is further,

ORDERED that John P. Clarke, Esq., 35 Broad St., Williston Park, N.Y. 11596, is appointed Special Referee to hear and report with respect to the issues raised in the instant matter; and it is further,

ORDERED that the time for submission of the petition by the Grievance Committee, as directed by order of this court dated December 19, 2006, is extended from 30 days to 90 days from the date of this order.

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

ENTER:

James Edward Pelzer

Clerk of the Court