Appellate Division: Second Judicial Department

M86873

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A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

THOMAS A. DICKERSON, JJ.

2008-01486 In the Matter of Joseph Foglia, admitted as Joseph A. Foglia, a suspended attorney. Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, petitioner; Joseph Foglia, respondent. (Attorney Registration No. 1524636)

DECISION & ORDER ON APPLICATION

By decision and order on motion dated May 9, 2008, the court suspended the respondent pursuant to Judiciary Law § 90(4)(f) as a result of his plea of guilty in the United States District Court, District of New Jersey, on November 27, 2007, to one count of tax evasion, in violation of 26 USC § 7201, and one count of making false statements, in violation of 18 USC §§ 1001 and 1002. The respondent's counsel informed the court that the respondent was suspended on an interim basis in the State of New Jersey based upon the aforesaid plea. At the time, the respondent had not yet been sentenced.

By letter dated March 9, 2009, the Grievance Committee submitted to this court a certified copy of the Judgment of Conviction from the United States District Court, District of New Jersey, confirming that the respondent was sentenced on September 26, 2008, to a term of incarceration of 12 months and one day on each of the two counts, terms to be served concurrently, to be followed by a two-year term of supervised release. The respondent was also directed to pay a special assessment of $200. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on December 18, 1968, under the name Joseph A. Foglia.

Upon the papers submitted to the court, it is

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 Joseph Foglia, admitted as Joseph A. Foglia, 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, Joseph Foglia, admitted as Joseph A. Foglia, 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 application; and it is further,

ORDERED that within 20 days after service of a petition upon the respondent, Joseph Foglia, admitted as Joseph A. Foglia, the respondent shall serve an answer upon the petitioner and the Special Referee, and file the original answer in the office of the Clerk of this court; and it is further,

ORDERED that the issues raised by the petition and any answer thereto are referred to the Honorable Stella Schindler, a former New York City Family Court Judge, 63 East Ninth Street, #8J, New York, N.Y. 10003, 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 DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court