Appellate Division: Second Judicial Department

M100498

E/ct

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2009-05683 In the Matter of Alvin Pasternak, an attorney and counselor-at-law. Grievance Committee for the Ninth Judicial District, petitioner; Alvin Pasternak, respondent. (Attorney Registration No. 1726330)

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Ninth Judicial District for an order striking the respondent's name from the roll of attorneys and counselors-at-law based upon the respondent's plea of guilty, on December 8, 2009, before the Honorable Leo Glasser, in the United States District Court for the Eastern District of New York, to mail fraud, in violation of 18 USC §§1341, 1342 and 3551, et seq., and filing a false tax return, in violation of 26 USC §7206(1) and 18 USC §3551 et seq. As part of his plea bargain, the respondent will be required to make restitution in the sum of $1,232,830 to MetLife. The respondent has not yet been sentenced. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on May 6, 1981.

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

ORDERED that the motion is denied as premature (see Matter of Delany, 87 NY2d 508); and it is further,

ORDERED that on the court's own motion, the respondent, Alvin Pasternak, is immediately suspended from the practice of law as a result of his guilty plea to a serious crime, and continuing until further order of this court, pursuant to Judiciary Law § 90(4)(f); and it is further,

ORDERED that the respondent, Alvin Pasternak, shall promptly comply with this court's rules governing the conduct of disbarred, suspended, and resigned attorneys (see 22 NYCRR 691.10); and it is further,

ORDERED that pursuant to Judiciary Law § 90, during the period of suspension and until further order of this court, the respondent, Alvin Pasternak, is commanded to desist and refrain from (1) practicing law in any form, either as principal or agent, clerk, or employee of another, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority, (3) giving to another an opinion as to the law or its application or any advice in relation thereto, and (4) holding himself out in any way as an attorney and counselor-at-law; and it is further,

ORDERED that if the respondent, Alvin Pasternak, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency and the respondent shall certify to the same in his affidavit of compliance pursuant to 22 NYCRR 691.10(f); it is further,

ORDERED that the respondent is directed to immediately apprise the Court upon being sentenced for the aforementioned offense (see Matter of Delany, 87 NY2d 508); and it is further,

ORDERED that the respondent's proffered resignation from the Bar is rejected.

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

ENTER:

James Edward Pelzer

Clerk of the Court