Appellate Division: Second Judicial Department

M83660

E/cb

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2008-10161 In the Matter of Matthew A. Marino, admitted as Matthew Adam Marino, an attorney and counselor-at-law. Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts petitioner; Matthew A. Marino, respondent. (Attorney Registration No. 2237881)

DECISION & ORDER ON MOTION

By letters dated September 15, 2008, and November 6, 2008, the respondent's counsel and the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, respectively, informed the court that the respondent had pleaded guilty in the United States District Court, Southern District of New York, to a one count Information charging him with Misprision of a Felony, in violation of 18 USC §4. The respondent has not yet been sentenced. He was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on January 18, 1989, under the name Matthew Adam Marino.

Upon the papers submitted to the court and on consent of the respondent,, it is

ORDERED that on the court's own motion, the respondent Matthew A. Marino, admitted as Matthew Adam Marino, is immediately suspended from the practice of law as a result of his plea of guilty to 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, Matthew A. Marino, admitted as Matthew Adam Marino, 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, Matthew A. Marino, admitted as Matthew Adam Marino, 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, Matthew A. Marino, admitted as Matthew Adam Marino, 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 offense (see Matter of Delany, 87 NY2d 508).

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

ENTER:

James Edward Pelzer

Clerk of the Court