Appellate Division: Second Judicial Department

M112255

E/nl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2009-10522 In the Matter of Kenneth H. Godt, an attorney and counselor-at-law. Grievance Committee for the Tenth Judicial District, petitioner; Kenneth H. Godt, respondent. (Attorney Registration No. 1777895)

DECISION & ORDER ON MOTION

Motion by the respondent for an order pursuant to 22 NYCRR 691.13, in effect, staying a pending investigation by the Grievance Committee for the Tenth Judicial District due to mental incapacity. 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 31, 1982.

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

ORDERED that the motion is granted to the extent that the investigation of the Grievance Committee for the Tenth Judicial District into a pending complaint of professional misconduct against the respondent which is currently before it is stayed insofar as further investigation would require the participation of the respondent, until such time as the respondent might successfully apply for reinstatement upon termination of his disability, pursuant to 22 NYCRR 691.13(e)(1), and the motion is otherwise denied; and it is further,

ORDERED that the respondent, Kenneth H. Godt, is suspended from the practice of law pursuant to 22 NYCRR 691.13(c) due to a mental and emotional infirmity, until further order of this Court, based upon evidence of his medical disability; and it is further,

ORDERED that the respondent, Kenneth H. Godt, shall 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 Kenneth H. Godt, 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 himself out in any way as an attorney and counselor-at-law; and it is further,

ORDERED that if the respondent, Kenneth H. Godt, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency and the respondent shall certify to the same in his affidavit of compliance pursuant to 22 NYCRR 691.10(f).

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

ENTER:

Matthew G. Kiernan

Clerk of the Court