Appellate Division: Second Judicial Department

M103695

E/ct

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2010-01000 In the Matter of Andrew H. DePodwin, an attorney and counselor-at-law. Grievance Committee for the Ninth Judicial District, petitioner; Andrew H. DePodwin, respondent. (Attorney Registration No. 1469568)

DECISION & ORDER ON MOTION

By decision and order on motion dated March 29, 2010, this court, inter alia, (1) granted that branch of the motion of the Grievance Committee for the Ninth Judicial District which was to direct the respondent to submit to an examination by a qualified medical expert pursuant to 22 NYCRR 691.13(b)(1); (2) granted that branch of the motion which was to appoint an inventory attorney, pursuant to 22 NYCRR 691.10(k); (3) held in abeyance that branch of the motion which was, inter alia, to suspend the respondent for an indefinite period of time pursuant to 22 NYCRR 691.13(b)(1), pending receipt of the report of the medical expert; and (4) held in abeyance that branch of the respondent's cross motion which was for a direction to complete a monitoring program, pursuant to 22 NYCRR 691.4(m). The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on November 2, 1977.

Now, upon the court's own motion, it is

ORDERED that so much of the order dated March 29, 2010, as granted that branch of the motion which was to direct the respondent to submit to an examination by a qualified medical expert pursuant to 22 NYCRR 691.13(b)(1) and directed him to be expeditiously examined by a qualified medical expert is vacated and that branch of the motion is denied as academic; and it is further,

ORDERED that the branch of the motion which was, inter alia, to suspend the respondent for an indefinite period of time pursuant to 22 NYCRR 691.13(b)(1), pending receipt of the report of the medical expert, which was previously held in abeyance, is denied as academic; and it is further,

ORDERED that the respondent, Andrew H. DePodwin, is suspended on consent, pursuant to 22 NYCRR 691.13(c)(1), until further order of this court, based upon his admission, as set forth in an affidavit dated April 1, 2010, that he is incapacitated from continuing to practice law; and it is further,

ORDERED that the respondent, Andrew H. DePodwin, 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, Andrew H. DePodwin, 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, Andrew H. DePodwin, 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 branch of the cross motion which was for a direction to complete a monitoring program pursuant to 22 NYCRR 691.4(m), which was previously held in abeyance, is granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court