Appellate Division: Second Judicial Department

M71462

E/nl

REINALDO E. RIVERA, J.P.

ROBERT A. SPOLZINO

STEVEN W. FISHER

ROBERT A. LIFSON

DAVID S. RITTER, JJ.

2007-10066 In the Matter of Seth Muraskin, an attorney and counselor-at-law. Grievance Committee for the Tenth Judicial District, petitioner; Seth Muraskin, respondent. (Attorney Registration No. 2721207)

DECISION & ORDER ON MOTION

Motion by the respondent for an order staying a pending investigation by the Grievance Committee for the Tenth Judicial District and directing that he complete a monitoring program sponsored by a lawyers' assistance program approved by the court, pursuant to 22 NYCRR 691.4(m), or, in the alternative, suspending him from the practice of law pursuant to 22 NYCRR 691.13 due to a mental and emotional infirmity. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on January 31, 1996.

Upon the papers submitted in support of the motion and the papers submitted in relation thereto, it is

ORDERED that the branch of the motion which is to suspend the respondent, Seth Muraskin, from the practice of law pursuant to 22 NYCRR 691.13 due to a mental and emotional infirmity is granted, and the respondent is suspended pursuant to 22 NYCRR 691.13(c)(l), until further order of this court, based upon evidence of his medical disability; and it is further,

ORDERED that the respondent, Seth Muraskin, shall 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 Seth Muraskin, 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, Seth Muraskin, 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); and it is further,

ORDERED that the Grievance Committee's investigation into the five pending complaints of professional misconduct against the respondent which are currently before it is stayed to the extent that further investigation would require the participation of the respondent, until such time as the respondent might successfully apply for reinstatement upon termination of his disability, pursuant to 22 NYCRR 691.13(e)(1); and it further,

ORDERED that the branch of the respondent's motion which is to stay the Grievance Committee's investigation and to direct that he complete a monitoring program, pursuant to 22 NYCRR 691.4(m), is denied.

RIVERA, J.P., SPOLZINO, FISHER, LIFSON and RITTER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court