Appellate Division: Second Judicial Department

M62471

E/nl

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

ROBERT W. SCHMIDT

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2006-07648 In the Matter of Donald J. Neidhardt, an attorney and counselor-at-law. Grievance Committee for the Second and Eleventh Judicial Districts, petitioner; Donald J. Neidhardt, respondent. (Attorney Registration No. 1972231)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue an opinion and order of this court dated May 1, 2007, and upon reargument, vacate said opinion and order. By opinion and order of this court dated May 1, 2007, the respondent was publicly censured. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on February 27, 1985.

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

ORDERED that the motion for leave to reargue is granted, and, upon reargument, the opinion and order dated May 1, 2007, is recalled and vacated; and it is further,

ORDERED that the petitioner's application pursuant to 22 NYCRR 691.3 for the imposition of reciprocal discipline is held in abeyance pending a hearing, pursuant to 22 NYCRR 691.3(d); and it is further,

ORDERED that the hearing shall be conducted before the Honorable James A. Gowan, a retired Justice of the Supreme Court, Suffolk County, 90 Sequams Lane East, West Islip, N.Y. 11795, as Special Referee to hear and report, together with his findings with respect to the determination of the Supreme Court of the State of Montana and the respondent's defenses to the imposition of reciprocal discipline, and to submit a report within 60 days after the conclusion of the hearing or the submission of the post-hearing memoranda.

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

ENTER:

James Edward Pelzer

Clerk of the Court