Appellate Division: Second Judicial Department

M111535

E/ct

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

JOHN M. LEVENTHAL, JJ.

2010-02792 In the Matter of Stuart N. Kingoff, admitted as Stuart Neal Kingoff, a suspended attorney. Grievance Committee for the Ninth Judicial District, petitioner; Stuart N. Kingoff, respondent. (Attorney Registration No. 2269298)

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Ninth Judicial District for an order authorizing it to serve and file a verified supplemental petition dated September 16, 2010, to be incorporated into the disciplinary proceeding pending before this court. Application by the respondent to vacate so much of this Court's decision and order dated July 21, 2010 as suspended him from the practice of law pending consideration of the charges against him. By decision and order on motion of this Court dated July 21, 2010, the respondent was immediately suspended from the practice of law pursuant to 22 NYCRR 691.4(l)(1)(i), (ii) and (iii), the Grievance Committee for the Ninth Judicial District was authorized to institute and prosecute a disciplinary proceeding against the respondent based on a petition dated April 8, 2010, and issues raised were referred to Marc S. Oxman, Esq., 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 May 31, 1989, under the name Stuart Neal Kingoff.

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

ORDERED the application is denied; and it is further,

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

ORDERED that within 20 days after receipt of a copy of this order, the Grievance Committee for the Ninth Judicial District shall serve the verified supplemental petition upon the respondent and the Special Referee, and file the original in the office of the Clerk of this Court, and it is further,

ORDERED that within 20 days after service upon him of a copy of the verified supplemental petition, the respondent shall serve an answer to the supplemental petition upon the petitioner and the Special Referee, and shall file the original answer in the office of the Clerk of this Court; and it is further,

ORDERED that the issues raised in the supplemental petition and any answer thereto are referred to Marc S. Oxman, Esq., as Special Referee to hear and report, together with the issues previously assigned on the same matter.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court