Appellate Division: Second Judicial Department

M110012

E/ct

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

RUTH C. BALKIN, JJ.

2009-02304 In the Matter of Charles Adam Willinger, a suspended attorney. Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, petitioner; Charles Adam Willinger, respondent. (Attorney Registration No. 2579993)

DECISION & ORDER ON APPLICATION

Application by the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts for leave to file a supplemental petition dated June 28, 2010, upon the respondent containing two additional charges of professional misconduct. By decision and order on motion dated June 11, 2009, the respondent was suspended, pursuant to 22 NYCRR 691.4(l)(1)(i), based on his failure to answer three complaints of professional misconduct against him, the Grievance Committee was authorized to institute and prosecute a disciplinary proceeding against the respondent, and the issues raised were referred to the Honorable James A. Gowan as Special Referee to hear and report. The respondent failed to answer the petition and the Special Referee sustained the charge, after an inquest, based on a pattern and practice of failing to cooperate with the Grievance Committee's investigation. By decision and order on motion of this court dated April 27, 2010, the Grievance Committee's motion to confirm the report of the Special Referee was held in abeyance, the respondent was directed to be expeditiously examined by a competent medical expert to determine whether he was incapacitated from continuing to practice law, and the respondent 's request to vacate the interim suspension and restore him to practice was denied. The medical expert submitted a report dated May 19, 2010. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 2, 1994.

Upon the papers submitted in support of the application and the medical expert's report dated May 19, 2010, it is

ORDERED that the application is granted; and it is further,

ORDERED that the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts shall serve upon the respondent and the Special Referee and file with this court the supplemental petition dated June 28, 2010, within 20 days after receipt of a copy of this order; and it is further,

ORDERED that the respondent shall serve an answer to the supplemental petition on the petitioner and the Special Referee and file the original answer to the supplemental petition with this court within 20 days after service upon him of the supplemental petition; and it is further,

ORDERED that the issues raised by the supplemental petition and any answer thereto are referred to the Honorable James Gowan, as Special Referee to hear and report, with directions to re-open the hearing to allow for the consideration of the additional charges contained in the supplemental petition, and to submit a report within 60 days after the conclusion of the hearing or the submission of post-hearing memoranda; and it is further,

ORDERED that the Grievance Committee's motion to confirm the Special Referee's report, which sustained the charge contained in the original petition, shall continue to be held in abeyance, pursuant to the order dated April 27, 2010; and it is further,

ORDERED that the respondent shall remain suspended, pursuant to 22 NYCRR 691.4(l)(1)(i), in accordance with the order dated June 11, 2009.

Based on the medical expert's report, there is no basis to conclude that the respondent is incapacitated from continuing to practice law, pursuant to 22 NYCRR 691.13(b)(1).

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

ENTER:

Matthew G. Kiernan

Clerk of the Court