Appellate Division: Second Judicial Department

M62638

E/nl

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

ROBERT W. SCHMIDT

STEPHEN G. CRANE

GABRIEL M. KRAUSMAN, JJ.

2007-02955 In the Matter of Robert Tavon, a suspended attorney. Grievance Committee for the Ninth Judicial District, petitioner; Robert Tavon, respondent. (Attorney Registration No. 3981453)

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Ninth Judicial District for an order: 1) for leave to supplement a petition dated March 22, 2007, and a supplemental petition dated May 5, 2007, which were previously filed with respect to the respondent, with a second supplemental petition dated September 20, 2007, which contains an additional nine charges of professional misconduct; 2) to refer the additional charges to a Special Referee previously designated to hear and report; and 3) to direct the respondent to answer the second supplemental petition within 20 days. By decision and order on motion dated July 18, 2007, this court granted the Grievance Committee's motions 1) to suspend the respondent pursuant to 22 NYCRR 691.4(l)(1)(i), (ii) and (iii), on the grounds that he constituted an immediate threat to the public interest based upon his failure to cooperate with the Grievance Committee's investigation, and/or a substantial admission under oath that he committed an act or acts of professional misconduct, and/or other uncontroverted evidence of professional misconduct, and 2) for authority to institute and prosecute a disciplinary proceeding against the respondent based on the petition dated March 22, 2007, and the supplemental petition dated May 4, 2007, to direct the respondent to submit an answer within 20 days, and to refer the issues raised to a Special Referee to hear and report. The Grievance Committee 's two motions were predicated upon seven complaints of professional misconduct, including neglect and misrepresentations, and the difficulties caused by the respondent's failure to timely or appropriately comply.

By decision and order on motion dated November 14, 2007, this court denied the respondent's motion for an order "lifting the suspension" of his right to practice law, "even if only on a probationary basis," pending review by the Special Referee of the numerous complaints. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the First Judicial Department on June 26, 2001.

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

ORDERED that the motion is granted and the Grievance Committee is authorized to supplement the previously authorized disciplinary proceeding with the additional nine charges set forth in the second supplemental petition dated September 20, 2007; and it is further,

ORDERED that the respondent is directed to serve upon the petitioner and the Special Referee an answer to the second supplemental petition, and file the original with this court within 20 days after service upon him of a copy of this decision and order on motion; and it is further,

ORDERED that the issues raised by the second supplemental petition and any answer thereto are referred to the Honorable Fred L. Shapiro, as Special Referee to hear and report, along with the charges previously referred to him.

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

ENTER:

James Edward Pelzer

Clerk of the Court