Appellate Division: Second Judicial Department

M89710

E/nl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

THOMAS A. DICKERSON, JJ.

2009-00735 In the Matter of Alexander M. Kaplan, admitted as Alexander Michael Kaplan, an attorney and counselor-at-law. Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, petitioner; Alexander M. Kaplan, respondent. (Attorney Registration No. 3004728)

DECISION & ORDER ON MOTION

By letter dated May 22, 2009, the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts informed the court that, on February 6, 2009, the respondent was found guilty in the United States District Court for the Southern District of New York, after a jury trial, of: (1) conspiracy to commit bank fraud, wire fraud, and mail fraud (count one), (2) bank fraud (counts two, three, four, seven, eight, and nine), (3) wire fraud (counts five, six, and ten through fifteen), and (4) mail fraud (counts sixteen through eighteen), a total of 18 felony counts, in violation of 18 USC §§ 1349, 1344, 1343, and 1341. He 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 Second Judicial Department on December 15, 1999, under the name Alexander Michael Kaplan.

Upon the papers submitted to the court, it is

ORDERED that on the court's own motion, the respondent, Alexander M. Kaplan, admitted as Alexander Michael Kaplan, is immediately suspended from the practice of law as a result of his being found 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, Alexander M. Kaplan, admitted as Alexander Michael Kaplan, 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, Alexander M. Kaplan, admitted as Alexander Michael Kaplan, 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 the respondent, Michael M. Kaplan, admitted as Alexander Michael Kaplan, 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 DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court