Appellate Division: Second Judicial Department

M65467

E/nl

A. GAIL PRUDENTI, P.J.

STEPHEN G. CRANE

REINALDO E. RIVERA

ROBERT A. SPOLZINO

RUTH C. BALKIN, JJ.

2007-01881 In the Matter of Peter J. Schmerge, an attorney and counselor-at-law. Grievance Committee for the Ninth Judicial District, petitioner; Peter J. Schmerge, respondent. (Attorney Registration No. 1629799)

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Ninth Judicial District for leave to supplement the previously filed petitions with a third supplemental petition dated October 25, 2007, containing three proposed charges of professional misconduct based on the respondent's actions in continuing to hold himself out as an attorney. By decision and order on motion dated May 15, 2007, this court: (1) suspended the respondent from the practice of law pursuant to 22 NYCRR 691.4(l)(1)(i)(ii) and (iii), 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 and based upon his substantial admissions under oath and other uncontroverted evidence of professional misconduct, (2) authorized the Grievance Committee to institute and prosecute a disciplinary proceeding against the respondent, and (3) referred the matter to Richard Greenblatt, as Special Referee to hear and report. By decision and order of this court dated June 21, 2007, that branch of the Grievance Committee 's motion which was to supplement the previously authorized petition with additional charges set forth in a supplemental memorandum dated March 28, 2007, was granted and the motion was otherwise denied. By decision and order on motion of this court dated November 21, 2007: (1) the Grievance Committee's motion, inter alia, to adjudicate the respondent in default was denied, (2) the respondent's motion, inter alia, to stay the proceeding or convert the grounds of his suspension was denied, and (3) the motion of the Grievance Committee for leave to supplement the previously filed petitions with a second supplemental petition dated September 28, 2007, was granted. By the same order, Richard Greenblatt was relieved as Special Referee, and the Honorable Lewis L. Douglass, was appointed as Special Referee to hear and report. The respondent was admitted to the bar at a term of the Appellate Division of the Supreme Court in the First Judicial Department on February 14, 1972.

Upon the papers submitted in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion of the Grievance Committee for the Ninth Judicial District for leave to serve a third supplemental petition dated October 25, 2007, is granted; and it is further,

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

ORDERED that the issues raised in the third supplemental petition and any answer thereto are referred to the Honorable Lewis L. Douglass, as Special Referee to hear and report, together with the issues previously assigned on the same matter.

PRUDENTI, P.J., CRANE, RIVERA, SPOLZINO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court