Appellate Division: Second Judicial Department

M71653

E/nl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

FRED T. SANTUCCI, JJ.

2006-09991 In the Matter of Daryll Boyd Jones, a suspended attorney. Grievance Committee for the Second and Eleventh Judicial Districts, petitioner; Daryll Boyd Jones, respondent. (Attorney Registration No. 2565778)

DECISION & ORDER ON MOTION

Motion by the respondent for an order, in effect, staying enforcement of so much of a decision and order on motion of this court dated April 1, 2008, as suspended him from the practice of law pending the resolution of an appeal from that order. By opinion and order of this court dated February 1, 2008, the respondent was disbarred after a disciplinary hearing as a result of which 11charges of professional misconduct, including multiple acts of conversion, commingling, failure to maintain escrow records, making cash withdrawals from his escrow account, and engaging in a lack of candor during the investigation, were sustained. By decision and order on motion of this court dated April 1, 2008, the respondent's motion for leave to reargue was granted to the extent that the opinion and order of dated April 1, 2008, was recalled and vacated and, upon reargument, the respondent was suspended from the practice of law for a period of five years based upon his expressed remorse and acceptance of responsibility for his misconduct, and the comprehensive remedial measures that he had undertaken since the commencement of the disciplinary proceeding to insure that his escrow violations would not be repeated. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the First Judicial Department on July 26, 1993.

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

ORDERED that the respondent's motion is denied; and it is further,

ORDERED that on the court's own motion, the decision and order on motion dated April 1, 2008, is amended by deleting the words "The respondent" from the beginning of the last sentence of the second full paragraph on page 3, and substituting therefor the words "As of the date of the petition, the respondent"

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

ENTER:

James Edward Pelzer

Clerk of the Court