Matter of Kabas; Grievance Committee for the Tenth Ju
Motion No: 2004-10758
Slip Opinion No: 2010 NY Slip Op 68127(U)
Decided on April 12, 2010
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M101230

E/ct

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2004-10758

In the Matter of Jan B. Kabas,

a disbarred attorney.

Grievance Committee for the Tenth

Judicial District, petitioner; Jan B.

Kabas, respondent.

(Attorney Registration No. 1694975)

DECISION & ORDER ON MOTION

Motion by the court-appointed inventory attorney, Catherine Sammartino, for an order discharging her as inventory attorney in the above-captioned matter and authorizing her to destroy any remaining unclaimed files. By opinion and order of this court dated April 25, 2006, the respondent was disbarred and his name was stricken from the roll of attorneys and counselors-at-law based upon his conviction of attempted disseminating indecent material to minors in the first degree, in violation of Penal Law §§ 110.00 and 235.22, a class E felony. During his plea allocution, the respondent admitted that on August 18, 2005, he sent indecent material over the internet to someone he believed to be a minor. In the opinion and order dated April 25, 2006, the respondent's proffered resignation was rejected and Catherine Sammartino, Esq., was appointed to inventory the respondent's files and to take such action as was deemed proper and advisable to protect the interests of the respondent's former clients. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on October 1, 1980, under the name Jan Bernard Kabas.

Upon the papers submitted in support of the motion and no papers having been submitted in opposition or in relation thereto, it is

ORDERED that the motion is granted, Catherine Sammartino, Esq., is relieved of her assignment as inventory attorney and she is authorized to arrange for the destruction of unclaimed files under the guidance of Special Counsel Robert P. Guido, Esq.

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

ENTER:

James Edward Pelzer

Clerk of the Court