| Matter of Monahan; Grievance Committee for the Tenth |
| Motion No: 2006-09607 |
| Slip Opinion No: 2010 NY Slip Op 84030(U) |
| Decided on October 1, 2010 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M109094
E/ct
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
CHERYL E. CHAMBERS, JJ.
|
2006-09607 In the Matter of Robert Monahan, admitted as Robert Anthony Monahan, a suspended attorney. Grievance Committee for the Tenth Judicial District, petitioner; Robert Monahan, respondent. (Attorney Registration No. 2803203)
| DECISION & ORDER ON MOTION |
Motion by Aleksander Vinar, a former client of the respondent, Robert Monahan, to unseal portions of the files of the Grievance Committee for the Tenth Judicial District.
The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on April 2, 1997, under the name Robert Anthony Monahan. By decision and order on motion of this court dated December 19, 2006, that branch of the respondent's motion which was to allow the respondent to complete a monitoring program sponsored by a lawyers' assistance program approved by the court in accordance with 22 NYCRR 691.13(m) was denied; the Grievance Committee was authorized, on the court's own motion, to institute and prosecute a disciplinary proceeding against the respondent; the respondent was immediately suspended pursuant to 22 NYCRR 691.13(c) based on his claimed medical disability; the respondent was directed to be examined by a qualified medical expert; and the disciplinary proceedings were held in abeyance pending receipt of the medical expert's report regarding the respondent's capacity to practice law. By decision and order on motion of this court dated July 18, 2007, on the court's own motion, on the basis of a medical report prepared by N.G. Berill, Ph.D., the respondent 's suspension pursuant to 22 NYCRR 691.13 was continued, and the disciplinary proceedings were held in abeyance until the respondent's competence to proceed was established by clear and convincing evidence pursuant to 22 NYCRR 691.13(e).
Upon the papers submitted in support of the motion and the papers submitted in opposition thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and CHAMBERS, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court