Appellate Division: Second Judicial Department

M117263

E/ct

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2010-11446 In the Matter of Eric J. Rossum, admitted as Eric Jay Rossum, an attorney and counselor-at-law. Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, petitioner; Eric J. Rossum, respondent. (Attorney Registration No. 1896349)

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts for an order: (1) suspending the respondent from the practice of law, pursuant to 22 NYCRR 691.4(l)(1)(i) and (iii), based on a finding that he is guilty of professional misconduct immediately threatening the public interest for failing to cooperate with the Grievance Committee in its investigation, and other uncontroverted evidence of professional misconduct; (2) authorizing the Grievance Committee to institute and prosecute a disciplinary proceeding based upon a petition dated December 3, 2010; (3) directing the respondent to serve and file an answer to the petition; and (4) referring the issues raised to a Special Referee to hear and report. In an affidavit dated December 14, 2010, the respondent, Eric J. Rossum, submitted his voluntary resignation from the New York State Bar. Mr. Rossum avers that he presently resides in Virginia, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee. Mr. Rossum was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on January 18, 1984, under the name Eric Jay Rossum.

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

ORDERED that the voluntary resignation of Eric J. Rossum is accepted and directed to be filed; and it is further,

ORDERED that the name of Eric Jay Rossum is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Eric J. Rossum is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Eric J. Rossum has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency; and it is further,

ORDERED that the motion is denied without prejudice to renew in conjunction with any future reinstatement application by the respondent.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court