Appellate Division: Second Judicial Department

M57324

K/nl

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

ROBERT W. SCHMIDT

WILLIAM F. MASTRO

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

By decision and order on motion of this court dated December 19, 2006, that branch of the respondent's motion which was to stay the investigation of the Grievance Committee for the Tenth Judicial District into allegations of professional misconduct 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 denied; 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; 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 2, 1997, under the name Robert Anthony Monahan.

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, Consulting Clinical Psychologist with the New York Center of Neuropsychology and Forensic Behavioral Science, on March 10, 2007. Dr. Berrill's report was received by the court on May 3, 2007.

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

ORDERED that the suspension of this court pursuant to22 NYCRR 691.13 imposed upon the respondent by decision and order on motion of this court dated December 19, 2006, is continued; and it is further,

ORDERED that the previously authorized disciplinary proceeding continue to be held in abeyance until such time as the respondent's competence to proceed is established by clear and convincing evidence pursuant to 22 NYCRR 691.13(e).

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

ENTER:

James Edward Pelzer

Clerk of the Court