Appellate Division: Second Judicial Department

M102511

E/ct

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

DANIEL D. ANGIOLILLO, JJ.

2010-00908 In the Matter of Sheldon Cowen, an attorney and counselor-at-law. Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, petitioner; Sheldon Cowen, respondent. (Attorney Registration No. 1002286)

DECISION & ORDER ON MOTION

By letter dated January 20, 2010, the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts informed the court that, after a hearing, Justice Angela G. Iannacci of the Supreme Court, Nassau County, declared the respondent an incapacitated person, pursuant to Mental Hygiene Law § 81.02 and appointed his son, Matthew Cowen, as guardian by order and judgment dated November 24, 2009. After a hearing at which the court considered the report and testimony of the Court Evaluator and the testimony of Dr. David E. Layman, Justice Iannacci found, by clear and convincing evidence, that the respondent was an incapacitated person, as defined by Mental Hygiene Law § 81.02, inasmuch as he was unable to provide for his own personal needs and property management. 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 14, 1959.

Upon the papers submitted to the court, it is

ORDERED that on the court's own motion, the respondent is suspended pursuant to 22 NYCRR 691.13(a) until further order of this court, on the basis of a judicial declaration of his incapacity; and it is further,

ORDERED that the respondent, Sheldon Cowen, shall 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, Sheldon Cowen, 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, Sheldon Cowen, 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); and it is further,

ORDERED that the appointment of an inventory attorney is not required in view of the appointment of a receiver by the Supreme Court, Nassau County.

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

ENTER:

James Edward Pelzer

Clerk of the Court