Appellate Division: Second Judicial Department

M67217

E/nl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2007-10136 In the Matter of Loel H. Seitel, an attorney and counselor-at-law. Grievance Committee for the Ninth Judicial District, petitioner; Loel H. Seitel, respondent. (Attorney Registration No. 2476349)

DECISION & ORDER ON MOTION

The respondent apprised the Grievance Committee for the Ninth Judicial District that he pleaded guilty in the United States District Court, Southern District of Florida, on July 19, 2007, to the federal felony of conspiracy to defraud the United States by making a false statement, in violation of 18 USC §§ 371 and 1001. The respondent further advised that he has been suspended from the practice of law in the State of New Jersey pending resolution of disciplinary proceedings against him in that State. He was sentenced on September 28, 2007, by United States District Judge James I. Cohn to a term of imprisonment of five months to commence on November 30, 2007. The judgment further provided for a two-year term of supervised release, including participation in the Home Detention Electronic Monitoring Program for a period of five months. In addition, a fine of $30,000 and an assessment of $100 were imposed. The Grievance Committee has submitted to the court a certified copy of the judgment as well as copies of the plea agreement and sentencing minutes. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the First Judicial Department on March 23, 1992.

Upon the papers submitted to the court, it is

ORDERED that on the court's own motion, the respondent, Loel H. Seitel, is immediately suspended from the practice of law as a result of his conviction of a serious crime, and continuing until further order of this court, pursuant to Judiciary Law § 90(4)(f); and it is further,

ORDERED that the respondent, Loel H. Seitel, shall promptly comply with this court's rules governing the conduct of disbarred, suspended, and resigned attorneys (see 22 NYCRR 691.10); and it is further,

ORDERED that pursuant to Judiciary Law § 90, during the period of suspension and until further order of this court, the respondent, Loel H. Seitel, is commanded to desist and refrain from (1) practicing law in any form, either as principal or agent, clerk, or employee of another, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority, (3) giving to another an opinion as to the law or its application or any advice in relation thereto, and (4) holding himself out in any way as an attorney and counselor-at-law; and it is further,

ORDERED that on the court's own motion, the Grievance Committee for the Ninth Judicial District is hereby authorized to institute and prosecute a disciplinary proceeding in this court, as petitioner, against the said Loel H. Seitel, based on his conviction of a serious crime; and it is further,

ORDERED that Gary L. Casella, Chief Counsel to the Grievance Committee for the Ninth Judicial District, 399 Knollwood Road, Suite 200, White Plains, N.Y. 10603, 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 the Hon. William E. Sherwood, a retired Justice of the Supreme Court, Rockland County, 19 Wiles Drive, Stony Point, N.Y. 10980, 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; and it is further,

ORDERED that if the respondent, Loel H. Seitel, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency and the respondent shall certify to the same in his affidavit of compliance pursuant to 22 NYCRR 691.10(f).

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

ENTER:

James Edward Pelzer

Clerk of the Court