Appellate Division: Second Judicial Department

M63226

E/nl

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

STEPHEN G. CRANE

REINALDO E. RIVERA

EDWARD D. CARNI, JJ.

2007-07958 In the Matter of Edward M. Cohen, admitted as Edward Marvin Cohen, an attorney and counselor-at-law. Grievance Committee for the Tenth Judicial District, petitioner; Edward M. Cohen, respondent. (Attorney Registration No. 1111970)

DECISION & ORDER ON MOTION

The Grievance Committee has submitted to the court a copy of a Certificate of Disposition which evidences that the respondent has been convicted of attempted criminal possession of a forged instrument in the third degree, in violation of Penal Law §§ 110, 170.20, a class B misdemeanor. By opinion and order of this court dated September 6, 2005 (Appellate Division Docket No. 2003-08147), the respondent was suspended for a period of one year, commencing October 7, 2005, based on a prior disciplinary proceeding which involved charges of failing to return client funds despite numerous requests and failing to cooperate with the Grievance Committee. The respondent has not applied for reinstatement. He was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on December 14, 1955, under the name Edward Marvin Cohen.

Upon the papers submitted to the court, it is

ORDERED that on the court's own motion, the respondent's conviction of the crime of attempted criminal possession of a forged instrument in the third degree, in violation of Penal Law §§ 110, 170.20, constitutes a serious crime within the meaning of Judiciary Law § 90(4)(d) and 22 NYCRR 691.7(b), which would warrant his automatic suspension were he not already under suspension; and it is further,

ORDERED that the Grievance Committee for the Tenth Judicial District is hereby authorized to institute and prosecute a disciplinary proceeding in this court, as petitioner, against Edward M. Cohen, admitted as Edward Marvin Cohen, based upon his plea of guilty to a serious crime; and it is further,

ORDERED that Rita E. Adler, Chief Counsel to the Grievance Committee for the Tenth Judicial District, 150 Motor Parkway, Suite 102, Hauppauge, N.Y. 11788, is hereby appointed as attorney for the petitioner in such proceeding; and it is further,

ORDERED that the petitioner Grievance Committee shall serve upon the respondent and the Special Referee, and file with this court a petition within 30 days after receipt of a copy of this decision and order on motion; and it is further,

ORDERED that the respondent shall serve an answer to the petition upon the petitioner and the Special Referee, and file the original answer with this court within 20 days after service upon him of the petition; and it is further,

ORDERED that the issues raised by the petition and any answer thereto are referred to Peter T. Affatato, Esq., Briarcliffe Building, 1055 Stewart Avenue, Bethpage, N.Y. 11714, as Special Referee to hear and report, together with his findings on the issues, and to submit a report within 60 days after the conclusion of the hearing or the submission of post-hearing memoranda.

PRUDENTI, P.J., MILLER, CRANE, RIVERA and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court