Appellate Division: Second Judicial Department

M69069

E/nl

A. GAIL PRUDENTI, P.J.

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER

RUTH C. BALKIN, JJ.

2008-01264 In the Matter of Daniel D. Tartaglia, admitted as Daniel David Tartaglia, an attorney and counselor-at-law. Grievance Committee for the Ninth Judicial District, petitioner; Daniel D. Tartaglia, respondent. (Attorney Registration No. 1738798)

DECISION & ORDER ON MOTION

By letter dated February 6, 2008, the Grievance Committee for the Ninth Judicial District informed the Court that the respondent was convicted on January 29, 2008, upon a plea of guilty, of a single count of failure to file a New York State tax return, in violation of Tax Law §1801(a), a class A misdemeanor. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on July 29, 1971, under the name Daniel David Tartaglia.

Upon the papers submitted to the court, it is

ORDERED that on the court's own motion, the respondent, Daniel D. Tartaglia, admitted as Daniel David Tartaglia, 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, Daniel D. Tartaglia, admitted as Daniel David Tartaglia, 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, Daniel D. Tartaglia, admitted as Daniel David Tartaglia, 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 Daniel D. Tartaglia, admitted as Daniel David Tartaglia, 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, Daniel D. Tartaglia, admitted as Daniel David Tartaglia, 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, Daniel D. Tartaglia, admitted as Daniel David Tartaglia, shall serve an answer 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 Honorable William D. Friedmann, a retired Associate Justice of the Appellate Division, Second Judicial Department, 4 Martine Avenue, White Plains, N.Y. 10606, 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., RIVERA, SKELOS, FISHER and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court