Appellate Division: Second Judicial Department

M89759

E/nl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2009-01273 In the Matter of Barry R. Feerst, admitted as Barry Roy Feerst, an attorney and counselor-at-law. Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, petitioner; Barry R. Feerst, respondent. (Attorney Registration No. 1612902)

DECISION & ORDER ON MOTION

By letter dated December 5, 2008, the respondent's counsel notified the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts that the respondent was sentenced on November 7, 2008, in the United States District Court, Eastern District of New York to a non-jail sentence for a violation of 18 USC § 371. On February 18, 2009, the Grievance Committee forwarded to the court a certified copy of the judgement of conviction of the United States District Court, Eastern District of New York (Glasser, J.), indicating that the respondent pleaded guilty to one count of conspiracy to defraud the United States in violation of 18 USC § 371, for which he was sentenced to a term of probation for a term of three years, on condition that he participate in 75 hours of community service. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on May 5, 1976, under the name Barry Roy Feerst.

Upon the papers submitted to the court, it is

ORDERED that on the court's own motion, the respondent, Barry R. Feerst, admitted as Barry Roy Feerst, is immediately suspended from the practice of law pursuant to Judiciary Law § 90(4)(f) as a result of his conviction of a serious crime, continuing until further order of this court; and it is further,

ORDERED that the respondent, Barry R. Feerst, admitted as Barry Roy Feerst, 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, Barry R. Feerst, admitted as Barry Roy Feerst, 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 said Barry R. Feerst, admitted as Barry Roy Feerst, based on his conviction of a serious crime; and it is further,

ORDERED that Diana Maxfield 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. 11201-3745, 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 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 shall serve an answer to the petition 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 James A. Gowan, a retired Justice of the Supreme Court, Suffolk County, 90 Sequams Lane East, West Islip, N.Y. 11795, 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; and it is further,

ORDERED that if the respondent, Barry R. Feerst, admitted as Barry Roy Feerst, 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).

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

ENTER:

James Edward Pelzer

Clerk of the Court