Appellate Division: Second Judicial Department

M117266

E/ct

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

LEONARD B. AUSTIN, JJ.

2010-07726 In the Matter of John F. O'Reilly, an attorney and counselor-at-law. Grievance Committee for the Ninth Judicial District, petitioner; John F. O'Reilly, respondent. (Attorney Registration No. 1245281)

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Ninth Judicial District for an order: (1) suspending the respondent from the practice of law, pursuant to 22 NYCRR 691.4(l)(1)(i), upon a finding that he is guilty of professional misconduct immediately threatening the public interest in that he has failed to submit a written answer to a complaint of professional misconduct within 10 days after receipt of a demand for such an answer and has failed to appear in response to a duly served, so-ordered judicial subpoena; (2) authorizing it to institute and prosecute a disciplinary proceeding against the respondent based on a verified petition dated August 9, 2010; (3) directing the respondent to submit an answer within 20 days; and (4) directing that a hearing be held before a Special Referee. By decision and order on motion of this Court dated October 19, 2010, the motion was held in abeyance pending the Court's receipt of a progress report from the Lawyers Helping Lawyers Committee of the Queens County Bar Association, on or after January 19, 2011, with leave to the Grievance Committee to submit a supplemental affirmation or withdraw its motion, following submission of the 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 September 7, 1977.

Upon the papers filed in support of the motion, the papers filed in opposition thereto, the report of Robert C. Carlsen, Esq., chair of the Lawyers' Assistance Committee of the Queens County Bar Association, dated January 6, 2011, the supplemental affirmation filed in support of the motion, and no papers having been filed in opposition or in relation to the supplemental affirmation, it is

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

ORDERED that pursuant to 22 NYCRR 691.4(l)(1)(i), the respondent, John F. O'Reilly, is immediately suspended from the practice of law in the State of New York, pending further order of the Court; and it is further,

ORDERED that the respondent, John F. O'Reilly, 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, John F. O'Reilly, 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 the Grievance Committee for the Ninth Judicial District is authorized to institute and prosecute a disciplinary proceeding based on the verified petition dated August 9, 2010; and it is further,

ORDERED that Gary L. Casella, Chief Counsel to the Grievance Committee for the Ninth Judicial District, Crosswest Office Center, 399 Knollwood Road, Suite 200, White Plains, New York 10603, is hereby appointed as attorney for the petitioner in such proceeding; and it is further,

ORDERED that the respondent, John F. O'Reilly, is directed to serve an answer on the petitioner and the Special Referee and file the original answer with this Court within 20 days after service upon him of a copy of this order; and it is further,

ORDERED that the issues raised by the petition dated August 9, 2010, and any answer thereto are referred to the Hon. John M. Perone, a retired Justice of the Supreme Court, Westchester County, 210 Boston Post Road, Larchmont, New York, 10538, 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; and it is further,

ORDERED that if the respondent, John F. O'Reilly, 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 AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court