Appellate Division: Second Judicial Department

M97994

S/ct

A. GAIL PRUDENTI, P.J.

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER

MARK C. DILLON, JJ.

2007-00123 In the Matter of James Joseph Quail, a suspended attorney. Grievance Committee for the Tenth Judicial District, petitioner; James Joseph Quail, respondent. (Attorney Registration No. 3012267)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to appeal to the Court of Appeals from this Court's opinion and order dated September 29, 2009. By decision and order on motion of this Court dated March 9, 2007, the Grievance Committee for the Tenth Judicial District was authorized to institute and prosecute a disciplinary proceeding against the respondent based on a petition dated December 28, 2006, and the issues raised were referred to the John P. Clarke, Esq., as Special Referee to hear and report. By decision and order on motion of this Court dated June 14, 2007, the respondent's motion to stay the disciplinary proceeding against him and allow a diversion of that proceeding pursuant to Section 692.4(m) of the rules of the court, (see 22 NYCRR 692.4[m]) permitting him to complete a monitoring program sponsored by a lawyer's assistance program approved by the court, was denied. By opinion and order of this Court dated September 29, 2009, the respondent was suspended from the practice of law for five years based on twenty-six charges of professional misconduct. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on January 12, 2000.

Upon the papers submitted in support of the motion and the papers submitted in opposition thereto, it is

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court