Appellate Division: Second Judicial Department

M106188

E/ct

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

HOWARD MILLER, JJ.

2010-03814 In the Matter of Thomas W. Archer, admitted as Thomas Wesley Archer, an attorney and counselor-at-law. Grievance Committee for the Tenth Judicial District, petitioner; Thomas W. Archer, respondent. (Attorney Registration No. 3927886)

DECISION & ORDER ON MOTION

By letter dated April 19, 2010, the Grievance Committee for the Tenth Judicial District informed the Court that the respondent was found guilty, upon a jury verdict, in the United States District Court, Eastern District of New York, of one count of conspiracy to commit visa fraud, in violation of 18 USC § 371 and three counts of visa fraud in violation of 18 USC § 1546, emanating from his participation in a scheme to file immigration documents which contained false statements of material facts and which failed to contain any reasonable basis in law and fact. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on January 10, 2001, under the name Thomas Wesley Archer.

Upon the papers submitted to the court, it is

ORDERED that on the court's own motion, the respondent, Thomas W. Archer, admitted as Thomas Wesley Archer, is immediately suspended from the practice of law as a result of a jury verdict finding him guilty of a serious crime, and continuing until further order of this court, pursuant to Judiciary Law § 90(4)(f); and it is further,

ORDERED that the respondent, Thomas W. Archer, admitted as Thomas Wesley Archer, 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, Thomas W. Archer, admitted as Thomas Wesley Archer, 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, Thomas W. Archer, admitted as Thomas Wesley Archer, 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 MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court