Appellate Division: Second Judicial Department

M109254

E/ct

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

FRED T. SANTUCCI, JJ.

2008-02384 In the Matter of Phillip D. Miller, admitted as Phillip Douglas Miller, an attorney and counselor-at-law. Grievance Committee for the Tenth Judicial District, petitioner; Phillip D. Miller, respondent. (Attorney Registration No. 2342699)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue an opinion and order of this Court dated July 6, 2010, for leave to appeal to the Court of Appeals from the opinion and order dated July 6, 2010, and, in effect, to stay the effective date of his suspension pursuant to the opinion and order dated July 6, 2010, pending determination of the motion or determination of an appeal to the Court of Appeals. 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 5, 1975, under the name Phillip Douglas Miller. By decision and order on motion of this Court dated October 9, 2008, the Grievance Committee for the Tenth Judicial District was authorized to institute and prosecute a disciplinary proceeding against the respondent, the respondent was barred from relitigating any of the factual issues raised in charges one through four of the petition based on the doctrine of collateral estoppel, the issues raised with respect to charges one through four of the petition were referred to John P. Clarke, Esq., as Special Referee to hear and report solely on the issue of mitigation, and the issues raised with respect to charge five of the petition were referred to the same Special Referee to hear and report. By the same decision and order on motion, the respondent 's cross motion to dismiss the petition, or in the alternative, to stay the disciplinary proceeding pending determination of an appeal before the United States Court of Appeals for the Second Circuit, and to forward a certain grievance complaint to the Appellate Division, First Department, was denied. By opinion and order of this Court dated July 6, 2010, the respondent was suspended from the practice of law for a period of six months, effective August 6, 2010. By order to show cause stayed dated July 27, 2010, the effective date of the respondent's suspension pending determination of this motion.

Upon the papers submitted in support of the motion and the papers submitted in opposition thereto, it is

ORDERED that the branches of the motion which are for leave to reargue and for leave to appeal to the Court of Appeals are denied; and it is further,

ORDERED that the branch of the motion which is for a stay is denied as academic; and it is further,

ORDERED that the respondent's suspension from the practice of law for a period of six months shall commence on November 24, 2010, and continue until further order of this Court, and the respondent shall not apply for reinstatement earlier than April 25, 2011.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court