Appellate Division: Second Judicial Department

M111453

E/ct

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

JOSEPH COVELLO, JJ.

2008-10545 In the Matter of Mark S. Kosak, a suspended attorney. Grievance Committee for the Tenth Judicial District, petitioner; Mark S. Kosak, respondent. (Attorney Registration No. 2042687)

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Tenth Judicial District for an order confirming the report of a special referee, which sustained two charges of professional misconduct against the respondent, and imposing such discipline as deemed just and proper. By decision and order on motion dated February 18, 2009, the respondent was suspended pursuant to 22 NYCRR * 691.4(l)(1)(i), the Grievance Committee was authorized to institute and prosecute a disciplinary proceeding against the respondent and the issues raised were referred to the Hon. Geoffrey J. O'Connell, as Special Referee to hear and report. 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 9, 1986.

Upon the papers submitted in support of the motion and no papers having been submitted in opposition or in relation thereto, it is

ORDERED that the motion to confirm the Special Referee's report is held in abeyance and the respondent's interim suspension is continued until such time as the respondent cooperates with the Grievance Committee.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court