Appellate Division: Second Judicial Department

M105942

E/ct

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

THOMAS A. DICKERSON, JJ.

2007-10827 In the Matter of Stephen J. Caputo, an attorney and counselor-at-law. Grievance Committee for the Tenth, Judicial District, petitioner; Stephen J. Caputo, respondent. (Attorney Registration No. 1948256)

DECISION & ORDER ON MOTION

By letter dated March 25, 2010, the Grievance Committee for the Tenth Judicial District apprised the Court that on January 4, 2010, the respondent pleaded guilty, in the United States District Court for the Southern District of New York, before the Honorable Gabriel W. Gorenstein, to one count of conspiracy to commit bank fraud, in violation of 18 USC §§ 1343 and 1344, and five counts of wire fraud, in violation of 18 USC 1343. The respondent was indicted for his role in a multi-million dollar mortgage fraud scheme. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on September 1, 1984. He has not yet been sentenced.

Upon the papers submitted to the court, it is

ORDERED that on the court's own motion, the respondent, Stephen J. Caputo, is immediately suspended from the practice of law pursuant to Judiciary Law § 90(4)(f) as a result of his plea of guilty to a serious crime, pending his sentencing by the United States District Court for the Southern District of New York, and continuing until further order of this court; and it is further,

ORDERED that the respondent, Stephen J. Caputo, 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, Stephen J. Caputo, 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, Stephen J. Caputo, 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); it is further,

ORDERED that the respondent is directed to immediately apprise the court upon being sentenced for the aforementioned offenses (see Matter of Delany, 87 NY2d 508).

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

ENTER:

James Edward Pelzer

Clerk of the Court