| Matter of Foglia; Grievance Committee for the Second, |
| Motion No: 2008-01486 |
| Slip Opinion No: 2009 NY Slip Op 92463(U) |
| Decided on December 24, 2009 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M96540
E/cb
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
THOMAS A. DICKERSON, JJ.
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2008-01486 In the Matter of Joseph Foglia, admitted as Joseph A. Foglia, Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, petitioner; Joseph Foglia, respondent. (Attorney Registration No. 1524636)
| DECISION & ORDER ON MOTION |
Motion by the Grievance Committee for the Second, Eleventh and Thirteenth Judicial Districts for an order holding in abeyance the previously authorized disciplinary proceeding and striking the respondent's name from the roll of attorneys based upon his conviction of 18 USC § 1001, a federal felony. By decision and order of this court dated May 9, 2008, this Court suspended the respondent pursuant to Judiciary Law § 90(4)(f) as a result of his plea of guilty in the United States District of Court, District of New Jersey, on November 27, 2007, to one count of tax evasion, in violation of 26 USC § 7201, and one count of making false statements, in violation of 18 USC §§ 1001 and 1002. On September 26, 2008, the respondent was sentenced to a term of incarceration of 12 months and one day on each of the two counts, terms to be served concurrently, to be followed by a two-year term of supervised release. In addition, the respondent was directed to pay a special assessment of $200. By decision and order on motion of this court dated May 19, 2009, upon this Court 's receipt of a certified copy of the Judgment of Conviction from the United States District Court, District of New Jersey, the Grievance Committee was authorized to institute and prosecute a disciplinary proceeding against the respondent based on his conviction of a serious crime. 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 18, 1968, under the name Joseph A. Foglia.
Upon the papers submitted in support of the motion and the papers submitted in opposition thereto, it is
ORDERED that the motion is denied in its entirety.
PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court