Appellate Division: Second Judicial Department

M82219

E/nl

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

On the court's own motion, it is

ORDERED that the decision and order on motion dated January 15, 2009, is recalled and vacated and the following order is substituted therefor:

By letter dated October 17, 2008, the Grievance Committee for the Second, Eleventh and Thirteenth Judicial Districts informed the Court that the respondent was found guilty 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. The respondent has not yet been sentenced. 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 a jury verdict finding him guilty 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 (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 of 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, Ihab Hussam Tartir, 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); it is further,

ORDERED that the respondent is directed to immediately apprise the Court upon being sentenced for the aforementioned offenses (see Matter of Delany, 87 NY2d 508).

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

ENTER:

James Edward Pelzer

Clerk of the Court