Appellate Division: Second Judicial Department

M92826

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A. GAIL PRUDENTI, P.J.

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER

ANITA R. FLORIO, JJ.

2007-00612 In the Matter of Brian Matthew Rosicky, a suspended attorney. Grievance Committee for the Tenth Judicial District, petitioner; Brian Matthew Rosicky, respondent. (Attorney Registration No. 2941318)

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Tenth Judicial District for an order authorizing it to serve and file an amended verified petition dated June 15, 2009, which amends, supplements, and replaces a petition dated January 2, 2007, in the disciplinary proceeding previously authorized by the court and directing the respondent to answer the amended petition.

By decision and order on motion of this court dated June 11, 2007, the respondent was suspended pursuant to 22 NYCRR 691.4(l)(1)(i) upon a finding that he constituted an immediate threat to the public interest based on his failure to submit written answers to six complaints and his failure to cooperate with the Grievance Committee's investigation; the Grievance Committee was authorized to institute and prosecute a disciplinary proceeding against him based on a petition dated January 2, 2007; and the issues raised were referred to the Honorable Lewis L. Douglass, as Special Referee to hear and report. By decision and order on motion of this court dated December 6, 2007, the Grievance Committee's motion to adjudicate the respondent in default was denied and the parties were directed to proceed with the previously authorized disciplinary proceeding. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on April 14, 1999.

Upon the papers submitted in support of the motion and no papers having been submitted in opposition or in relation thereto, it is

ORDERED that the motion of the Grievance Committee for the Tenth Judicial District to file the amended verified Petition dated June 15, 2009, is granted; and it is further,

ORDERED that within 20 days after service upon him of a copy of this decision and order on motion, the respondent, Brian Matthew Rosicky, shall serve an answer to the amended verified petition upon the petitioner and the Special Referee and shall file the original answer in the office of the Clerk of this court; and it is further,

ORDERED that the issues raised in the amended verified petition and any answer thereto are referred to the Honorable Lewis L. Douglass, as Special Referee to hear and report, and the parties are directed to proceed with the previously authorized disciplinary proceeding.

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

ENTER:

James Edward Pelzer

Clerk of the Court