Matter of Rosen, Jay Wallace
Motion No: 2004-07389
Slip Opinion No: 2008 NYSlipOp 62687(U)
Decided on February 1, 2008
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M65631

E/nl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

DANIEL D. ANGIOLILLO, JJ.

2004-07389

In the Matter of Jay Wallace Rosen, a

disbarred attorney.

Grievance Committee for the Tenth Judicial

District, petitioner;

Jay Wallace Rosen, respondent.

(Attorney Registration No. 1481035)

DECISION & ORDER ON MOTION

By opinion and order of this court dated October 25, 2004, the respondent was disbarred upon his submission of a resignation. By decision and order on motion dated November 13, 2006, the court granted a motion by the respondent's attorney, Thomas F. Liotti, for leave to release and turn over to the Grievance Committee for the Tenth Judicial District the files and records of the respondent, who is allegedly disabled and incapacitated, to the extent of appointing Robert P. Guido, the Office of Special Counsel, to inventory those files. The movant had represented the respondent in connection with criminal charges in Nassau County which resulted in the respondent's incarceration. The inventory attorney now moves for an order discharging him as inventory attorney in this matter and authorizing him to destroy any remaining files encompassed by the court ordered inventory that remain unclaimed. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 15, 1966.

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

ORDERED that the motion is granted and Robert P. Guido, the Office of Special Counsel, is discharged as inventory attorney; and it is further,

ORDERED that the movant is directed to retain the respondent's personal files for an additional 30 days after receipt of this court's decision and order on motion, during which time he should apprise the respondent in writing of the planned destruction of any unclaimed materials.

PRUDENTI, P.J., MASTRO, RIVERA, SPOLZINO and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court