Appellate Division: Second Judicial Department

M102143

E/ct

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

STEVEN W. FISHER

PLUMMER E. LOTT, JJ.

2010-01819 In the Matter of Louis J. Milone, Jr., admitted as Louis John Milone, Jr., an attorney and counselor-at-law. Grievance Committee for the Tenth Judicial District, petitioner; Louis J. Milone, Jr., respondent. (Attorney Registration No. 1355262)

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Tenth Judicial District to strike the respondent's name from the roll of attorneys and counselors-at-law based on the respondent's conviction of a felony. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on February 23, 1972, under the name of Louis John Milone, Jr. By opinion and order dated April 18, 1994, this court suspended the respondent from the practice of law for a period of three years, commencing May 19, 1994, based upon his commingling personal and client escrow funds and his failure to maintain required bookkeeping records relating to his escrow account (In the Matter of Milone, 197 AD2d 24 [2d Dept. Apr. 18, 1994; Appellate Division Docket No. 1992-08279). By decision and order on motion of this court dated March 12, 1996, the respondent's motion for reargument was granted, and his suspension was reduced to a period of two years, commencing May 18, 1994. By decision and order on application of this court dated March 19, 1997, the respondent 's motion for reinstatement was held in abeyance and the matter was referred to Character and Fitness to investigate and report on respondent's fitness to practice law. By decision and order on application dated September 30, 1997, the respondent was reinstated to the practice of law.

On November 6, 2008, the respondent pleaded guilty, in United States District Court for the Eastern District of New York, before U.S. Magistrate Judge E. Thomas Boyle, to one count of filing a false tax return, in violation of 26 USC 7206(1), a federal felony. On January 6, 2010, United States District Judge Sandra J. Feuerstein sentenced the respondent to five years probation with the first six months to be served under home confinement with electronic monitoring. In addition, restitution in the amount of $39,330 and a fine of $5,000 was imposed.

The respondent submitted an affidavit of resignation sworn to December 31, 2009, based on his conviction; however, the affidavit of resignation does not conform to 22 NYCRR 691.9, and as a consequence, is rejected.

Upon the papers submitted to the court, it is

ORDERED that the motion to strike is denied; and it is further,

ORDERED that on the court's own motion, the respondent is suspended from the practice of law based on his conviction of a serious crime pursuant to Judiciary Law §90(4)(f); and it is further,

ORDERED that the Grievance Committee for the Tenth Judicial District is hereby authorized to institute and prosecute a disciplinary proceeding in this court, as petitioner, against Louis J. Milone, Jr., admitted as Louis John Milone, Jr., based on his conviction; and it is further,

ORDERED that Rita E. Adler, Chief Counsel for the Grievance Committee for the Tenth Judicial District, 150 Motor Parkway, Suite 102, Hauppauge, N.Y., 11788, 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, Louis J. Milone, Jr., admitted as Louis John Milone, Jr., 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 within 20 days after service of a petition upon the respondent, Louis J. Milone, Jr., admitted as Louis John Milone, Jr., the respondent shall serve an answer upon the petitioner and the Special Referee, and file the original answer in the office of the Clerk of this court; and it is further,

ORDERED that the issues raised by the petition and any answer thereto are referred to Norma Giffords, Esq., Randazzo & Giffords, P.C., 3000 Marcus Avenue, Suite 1E11, Lake Success, N.Y. 11042, 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; it is further,

ORDERED that the respondent is granted leave to resubmit a resignation which conforms to 22 NYCRR 691.9.

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

ENTER:

James Edward Pelzer

Clerk of the Court