Appellate Division: Second Judicial Department

M94343

E/nl

A. GAIL PRUDENTI, P.J.

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER

ARIEL E. BELEN, JJ.

2006-06891 In the Matter of Benjamin Z. Katz, admitted as Benjamin Zev Katz, a suspended attorney. Grievance Committee for the Tenth Judicial District, petitioner; Benajmin Z. Katz, respondent. (Attorney Registration No. 2657674)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, in effect, to amend an opinion and order of this court dated February 24, 2009, suspending the respondent from the practice of law for a period of five years. 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 5, 1995, under the name Benjamin Zev Katz. By decision and order on motion of this court dated December 19, 2006, (1) the respondent was immediately suspended pursuant to 22 NYCRR 691.13(c), based on his claimed medical disability, until a determination could be made concerning his capacity to continue to practice law; (2) the respondent was directed to be expeditiously examined by a qualified medical expert; (3) the Grievance Committee for the Tenth Judicial District was authorized to institute and prosecute a disciplinary proceeding against the respondent; and (4) the disciplinary proceeding was held in abeyance pending receipt of the medical expert's report. By decision and order on motion of this court dated July 18, 2007, (1) the suspension based upon the respondent 's claimed medical disability was vacated upon the report of the court-appointed medical expert; (2) the parties were directed to proceed with the previously-authorized disciplinary proceeding; and (3) the issues raised were refereed to John P. Clarke, Esq., as Special Referee to hear and report. By opinion and order of this court dated February 24, 2009, the respondent was suspended from the practice of law for a period of five years based on five charges of professional misconduct.

Upon the papers filed in support of the motion and the papers filed in response thereto, it is

ORDERED that the motion is granted to the extent that the respondent is afforded credit for the time served under his suspension pursuant to 22 NYCRR 691.13(c) from the period December 19, 2006, to July 18, 2007, and the opinion and order dated February 24, 2009, is amended by adding to the third decretal paragraph, after the date "March 24, 2009," the words "with credit for time elapsed under the interim suspension imposed by the decision and order on motion dated December 19, 2006," and the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court