Appellate Division: Second Judicial Department

M76425

E/mv

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

STEVEN W. FISHER

WILLIAM E. McCARTHY, JJ.

2008-02079 In the Matter of Helane B. Lubov, admitted as Helane Beth Lubov, an attorney and counselor-at-law. Grievance Committee for the Tenth Judicial District, petitioner; Helane B. Lubov, respondent. (Attorney Registration No. 1840529)

DECISION & ORDER ON MOTION

By letter dated March 4, 2008, the Grievance Committee for the Tenth Judicial District informed the court of the respondent's conviction in the District Court of Nassau County, First District, of the crime of operating a motor vehicle under the influence of drugs or alcohol, in violation of Vehicle and Traffic Law § 1192.3, and submitted the certificate of conviction dated December 31, 2007. Copies of the plea and sentencing minutes were forwarded to the court along with the Nassau County DUI/DWI Supporting Deposition and Bill of Particulars, reflecting that the respondent was charged with driving while intoxicated after she was involved in a motor vehicle accident.

The respondent was sentenced on September 7, 2007, to three years probation with full alcohol conditions, a $1,000 fine, a $140 surcharge, a $25 DMV fee and a $20 Crime Victim's Assistance fee. In addition, her license was revoked. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on February 9, 1983, under the name Helane Beth Lubov

Upon the court's own motion and the papers submitted to the court, it is

ORDERED that the subject offense does not constitute a serious crime within the meaning of 22 NYCRR 691.7(b) or Judiciary Law § 90(4)(d); and it is further,

ORDERED that this matter is referred to the Grievance Committee for the Tenth Judicial District for whatever action is deemed appropriate.

PRUDENTI, P.J., MASTRO, RIVERA, FISHER and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court