Appellate Division: Second Judicial Department

M117686

E/ct

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

JOHN M. LEVENTHAL, JJ.

2010-00839 In the Matter of John G. McDonald, an attorney and counselor-at-law. Grievance Committee for the Tenth Judicial District, petitioner; John G. McDonald, respondent. (Attorney Registration No. 1981901)

DECISION & ORDER ON MOTION

By decision and order on motion of this Court dated April 12, 2010, the Court directed that the respondent be examined by a qualified medical expert to determine whether he is incapacitated from continuing to practice law pursuant to 22 NYCRR 691.13(b)(1) and the branch of the motion which was to suspend the respondent from the practice of law for an indefinite period, if the court concluded that he was incapacitated was held in abeyance pending receipt of the medical expert's report. The Grievance Committee for the Tenth Judicial District has filed the report of Alan J. Tuchman, M.D., dated July 27, 2010. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the First Judicial Department on April 13, 1970, under the name John Garrett McDonald.

Upon the papers filed in support of the motion and the papers filed in relation thereto, and the medical report dated July 27, 2010, it is

ORDERED that the branch of the motion which is to suspend the appellant is granted and the respondent, John G. McDonald, is immediately suspended on the ground that he is incapacitated from continuing to practice law pursuant to 22 NYCRR 691.13(b)(1), for an indefinite period of time and until further order of this Court; and it is further,

ORDERED that the respondent, John G. McDonald, 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 G. McDonald, 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, John G. McDonald, 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 LEVENTHAL, JJ., concur

ENTER:

Matthew G. Kiernan

Clerk of the Court