Appellate Division: Second Judicial Department

M92850

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A. GAIL PRUDENTI, P.J.

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER

MARK C. DILLON, JJ.

2008-08255 In the Matter of Ihab Hussam Tartir, a suspended attorney. Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, petitioner; Ihab Hussam Tartir, respondent. (Attorney Registration No. 2981322)

DECISION & ORDER ON MOTION

By decision and order on motion dated February 6, 2009, the court suspended the respondent pursuant to Judiciary Law § 90(4)(f) as a result of a jury verdict in the United States District Court, Southern District of New York, on October 14, 2008, finding him guilty of one count of aiding and abetting marriage fraud, in violation of 8 USC § 1325(c), and two counts of conspiracy to commit that crime, in violation of 18 USC § 371, all federal felonies. At the time the respondent had not yet been sentenced. The order further directed the respondent to immediately apprise the court upon his being sentenced for the aforementioned offenses. By letter dated June 18, 2009, the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts submitted to the court a certificate of disposition, provided by the respondent's counsel, indicating that the respondent was sentenced on February 13, 2009, by Judge Gerald E. Lynch to a term of incarceration of 24 months, to run concurrently on each of counts one, two, and three for a total of 24 months, and supervised release of three years to run concurrently on each of the three counts for a total of three years. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Third Judicial Department on June 22, 1999.

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 Ihab Hussam Tartir, 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, Ihab Hussam Tartir, and the Special Referee, and file with this court a petition within 30 days after receipt of a copy of this order; and it is further,

ORDERED that within 20 days after service of a petition upon the respondent, Ihab Hussam Tartir, 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 George Friedman, a retired Justice of the Supreme Court, Bronx County, Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, 150 East 42nd Street, New York, New York 10017, 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., RIVERA, SKELOS, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court