Appellate Division: Second Judicial Department

M81201

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A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

MARK C. DILLON, JJ.

2008-08255 In the Matter of Ihab Hussam Tartir, an attorney and counselor-at-law. Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, petitioner; Ihab Hussam Tartir, respondent. (Attorney Registration No. 2981322)

DECISION & ORDER ON MOTION

By letter dated October 17, 2008, the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts informed the Court that the respondent was convicted on October 14, 2008, after a jury trial, in the United States District Court for the Southern District of New York, of one count of aiding and abetting marriage fraud, in violation of 8 USC §1325(c), and two counts of conspiracy to commit that crime, in violation of 18 USC §371, all federal felonies. Sentencing is scheduled for January 16, 2009. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Third Judicial Department on June 22, 1999.

Upon the papers submitted to the court, it is

ORDERED that on the court's own motion, the respondent, Ihab Hussam Tartir, 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, Ihab Hussam Tartir, 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, Ihab Hussam Tartir, 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 Second, Eleventh, and Thirteenth Judicial Districts is hereby authorized to institute and prosecute a disciplinary proceeding in this court, as petitioner, against the respondent, Ihab Hussam Tartir, based on his conviction of a serious crime; and it is further,

ORDERED that Diana M. Kearse, Chief Counsel to the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, Renaissance Plaza, 335 Adams Street - Suite 2400, Brooklyn, N.Y. 11201, 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, Ihab Hussam Tartir, 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, Ihab Hussam Tartir, 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 George Friedman, a retired Justice of the Supreme Court, Bronx County, Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, 150 East 42nd Street, New York, New York 10017, 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., MASTRO, RIVERA, SPOLZINO and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court