Appellate Division: Second Judicial Department

M110637

E/ct

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

STEVEN W. FISHER

MARK C. DILLON

JOSEPH COVELLO, JJ.

2010-06227 In the Matter of Nadeen R. Gayle, an attorney and counselor-at-law. Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, petitioner; Nadeen R. Gayle, respondent. (Attorney Registration No. 4392031)

DECISION & ORDER ON MOTION

By letter dated June 25, 2010, the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts apprised the Court that on June 10, 2009, the respondent pleaded guilty in the United States District Court for the Eastern District of New York before Magistrate Judge James Orenstein to conspiracy to commit wire and bank fraud, a violation of 18 USC § 1349, a class D felony. On May 14, 2010, Judge Jack B. Weinstein sentenced the respondent to 5 years probation, restitution in the amount of $845,000 (joint and severable with her co-defendants and payable at a rate of $100 per month), and a $100 assessment. 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 19, 2006.

Upon the papers submitted to the court, it is

ORDERED that on the Court's own motion, the respondent, Nadeen R. Gayle, is immediately suspended from the practice of law pursuant to Judiciary Law § 90(4)(f) as a result of her conviction of a serious crime, continuing until further order of this Court; and it is further,

ORDERED that the respondent, Nadeen R. Gayle, 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, Nadeen R. Gayle, 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 herself out in any way as an attorney and counselor-at-law; and it is further,

ORDERED that on the Court's own motion, the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts is hereby authorized to institute and prosecute a disciplinary proceeding in this Court, as petitioner, against the respondent, Nadeen R. Gayle, based on her conviction of a serious crime; and it is further,

ORDERED that Diana M. Kearse, Chief Counsel to the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, Renaissance Plaza, 335 Adams Street - Suite 2400, Brooklyn, N.Y. 11201, is hereby appointed as attorney for the petitioner in such proceeding; and it is further,

ORDERED that the petitioner Grievance Committee shall serve upon the respondent, Nadeen R. Gayle, and the Special Referee, and file with this Court a petition within 30 days after receipt of a copy of this order; and it is further,

ORDERED that the respondent, Nadeen R. Gayle, shall serve an answer upon the petitioner and the Special Referee, and file the original answer with this Court within 20 days after service upon her of the petition; and it is further,

ORDERED that the issues raised by the petition and any answer thereto are referred to the Honorable Jerome M. Becker, a former Judge of the Criminal and Family Courts, c/o Douglas Becker, Esq., Joseph P. Day Co., 9 East 40th Street, 8th floor, New York, N.Y. 10016, as Special Referee to hear and report, together with his findings on the issues, and to submit a report within 60 days after the conclusion of the hearing or the submission of post-hearing memoranda.

RIVERA, J.P., SKELOS, FISHER, DILLON and COVELLO, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court