Appellate Division: Second Judicial Department

M70246

E/nl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

DAVID S. RITTER, JJ.

2008-01486 In the Matter of Joseph Foglia, admitted as Joseph A. Foglia, an attorney and counselor- at-law. Grievance Committee for the Second and Eleventh Judicial Districts, petitioner; Joseph Foglia, respondent. (Attorney Registration No. 1524636)

DECISION & ORDER ON MOTION

By letter dated February 15, 2008, the Grievance Committee informed the court that the respondent entered a plea of guilty in the United States District Court, District of New Jersey, on November 27, 2007, to one count of tax evasion, in violation of 26 USC § 7201, and one count of making false statements, in violation of 18 USC §§ 1001 and 1002. The respondent's counsel has informed the court that the respondent was suspended on an interim basis in the State of New Jersey based upon the aforesaid plea. The respondent has not yet been sentenced. He was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on December 18, 1968, under the name Joseph A. Foglia.

Upon the papers submitted to the court, it is

ORDERED that on the court's own motion, the respondent, Joseph Foglia, admitted as Joseph A. Foglia, is immediately suspended from the practice of law pursuant to Judiciary Law § 90(4)(f) as a result of his conviction of a serious crime, pending his sentencing by the United States District Court, District of New Jersey, or the imposition of a final sanction by the New Jersey disciplinary authorities; and it is further,

ORDERED that the respondent, Joseph Foglia, admitted as Joseph A. Foglia, 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, Joseph Foglia, admitted as Joseph A. Foglia, 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 if the respondent, Joseph Foglia, admitted as Joseph A. Foglia, 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 RITTER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court