| Matter of Rosicky; Grievance Committee for the Tenth |
| Motion No: 2007-00612 |
| Slip Opinion No: 2007 NYSlipOp 85626(U) |
| Decided on December 6, 2007 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M63342
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A. GAIL PRUDENTI, P.J.
HOWARD MILLER
ROBERT W. SCHMIDT
STEPHEN G. CRANE
ANITA R. FLORIO, JJ.
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2007-00612 In the Matter of Brian Matthew Rosicky, a suspended attorney. Grievance Committee for the Tenth Judicial District, petitioner; Brian Matthew Rosicky, respondent. (Attorney Registration No. 2941318)
| DECISION & ORDER ON MOTION |
The Grievance Committee for the Tenth Judicial District moves for an order adjudicating the respondent in default based upon his failure to file an answer to a petition dated January 2, 2007, deeming the charges established, and directing that discipline be imposed. By decision and order on motion dated June 11, 2007, this court (1) suspended the respondent from the practice of law pursuant to 22 NYCRR 691.4(l)(1)(i) upon a finding that he was guilty of professional misconduct immediately threatening the public interest in that he failed to comply with the lawful requests of the Grievance Committee, (2) authorized the Grievance Committee to institute and prosecute a disciplinary proceeding against him, and (3) referred the matter to Honorable Lewis L. Douglass, as Special Referee to hear and report. The decision and order on motion dated June 11, 2007, further directed that, within 20 days after service upon him of a copy of the decision and order on motion, the respondent serve an answer upon the Grievance Committee and Special Referee, and file the original answer in the office of the Clerk of the court. 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 14, 1999.
Upon the papers submitted in support of the motion and the papers submitted in opposition thereto, it is
ORDERED that the motion of the Grievance Committee for the Tenth Judicial Department to adjudicate the respondent in default is denied; and it is further,
ORDERED that the parties shall proceed with the previously authorized disciplinary proceeding.
PRUDENTI, P.J., MILLER, SCHMIDT, CRANE and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court