Appellate Division: Second Judicial Department

M101957

E/ct

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

RUTH C. BALKIN, JJ.

2009-02304 In the Matter of Charles Adam Willinger, a suspended attorney. Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, petitioner; Charles Adam Willinger, respondent. (Attorney Registration No. 2579993)

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts to confirm the report of the Special Referee which sustained a charge of professional misconduct against the respondent. By decision and order on motion dated June 11, 2009, the respondent was suspended pursuant to 22 NYCRR 691.4(l)(1)(i), the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts was authorized to institute and prosecute a disciplinary proceeding based on a petition dated March 10, 2009, and the issues raised were referred to the Honorable James A. Gowan, as Special Referee to hear and report. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 2, 1994.

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

ORDERED that the motion is held in abeyance; and it is further,

ORDERED that the respondent is directed to be expeditiously examined by a qualified medical expert to be arranged for by Chief Counsel to the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts within 30 days after the date of this order to determine whether he is incapacitated from continuing to practice law, pursuant to 22 NYCRR 691.13(b)(1).

The respondent's request to vacate the interim suspension and restore him to practice is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court