Appellate Division: Second Judicial Department

M101762

E/ct

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

STEVEN W. FISHER

MARK C. DILLON

JOSEPH COVELLO, JJ.

2010-00283 In the Matter of John J. D'Emic, admitted as John Joseph D'Emic, an attorney and counelor-at-law. Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, petitioner; John J. D'Emic, respondent. (Attorney Registration No. 1093590)

DECISION & ORDER ON MOTION

By letter dated January 7, 2010, the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, apprised the court that on October 1, 2009, the respondent entered a plea of guilty in the Supreme Court, Queens County, to a violation of New York Judiciary Law § 491, which prohibits the sharing of compensation by attorneys with non-lawyers. A violation of that section constitutes a misdemeanor.

On October 1, 2009, the respondent pleaded guilty before the Honorable Michael Aloise. During the plea allocution, the respondent verified that during 2007 he was the named attorney for either the borrower or seller in over a dozen real estate closings with John Weber & Associates. Each of those real estate closings were referred to him by his co-defendant Alan Morris, who was an employee of John Weber & Associates. Although the respondent was aware that Alan Morris was a disbarred attorney at the time of the referrals, he entered into a pre-arranged agreement whereby Morris would handle all of the legal work prior to the closings and the respondent would just be required to be present at the closing itself. Per the agreement, all of the required documentation for those closings, including the HUD 1 statement, would indicate that the respondent received the sum of $1,800 as attorney fees. Co-defendant Morris, as settlement agent, would then write a disbursement check payable to the respondent in the amount of $1,800 and the respondent would, thereafter, provide Morris with a check for $850 from his IOLA account. The respondent admitted that this agreement applied to all of the real estate closings he performed with John Weber between September 6, 2007, and September 14, 2007. Based on the foregoing, the respondent was sentenced to a fine of $10,000, 30 days community service, and a conditional discharge of one year. 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 22, 1975, under the name John Joseph D 'Emic.

Upon the papers submitted to the court, it is

ORDERED that on the court's own motion, the respondent, John J. D'Emic, admitted as John Joseph D'Emic, is immediately suspended from the practice of law pursuant to Judiciary Law § 90(4)(f) as a result of his conviction of a serious crime, continuing until further order of this court; and it is further,

ORDERED that the respondent, John J. D'Emic, admitted as John Joseph D'Emic, 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, John J. D'Emic, admitted as John Joseph D'Emic, 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 on the court's own motion, the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts is hereby authorized to institute and prosecute a disciplinary proceeding in this court, as petitioner, against the said John J. D'Emic, admitted as John Joseph D'Emic, based on his conviction of a serious crime; and it is further,

ORDERED that Diana Maxfield Kearse, Chief Counsel to the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, Renaissance Plaza, 335 Adams Street, Suite 2400, Brooklyn, N.Y. 11201-3754, is hereby appointed as attorney for the petitioner in such proceeding; and it is further,

ORDERED that the petitioner Grievance Committee shall serve upon the respondent and the Special Referee and file with this court a petition within 30 days after receipt of a copy of this order; and it is further,

ORDERED that the respondent shall serve an answer to the petition upon the petitioner and the Special Referee and file the original answer with this court within 20 days after service upon him of the petition; and it is further,

ORDERED that the issues raised by the petition and any answer thereto are referred to the Honorable Stella Schindler, a former New York City Family Court Judge, 63 East Ninth Street, #8J, New York, N.Y. 10003, as Special Referee to hear and report, together with her findings on the issues, and to submit a report within 60 days after the conclusion of the hearing or the submission of post-hearing memoranda; and it is further,

ORDERED that if the respondent, John J. D'Emic, admitted as John Joseph D'Emic, 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).

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

ENTER:

James Edward Pelzer

Clerk of the Court