Appellate Division: Second Judicial Department

M119768

E/ct

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

JOSEPH COVELLO, JJ.

2011-00751 In the Matter of Rory Kiernan Clark, an attorney and counselor-at-law. Grievance Committee for the Ninth Judicial District, petitioner; Rory Kiernan Clark, respondent. (Attorney Registration No. 2810174)

DECISION & ORDER ON MOTION

By letter dated January 20, 2011, the Grievance Committee for the Ninth Judicial District apprised the Court that in or about September 2009, the respondent was charged in Michigan State Court for the County of Washentaw with removal of public records, a "high misdemeanor," in violation of Michigan Criminal Law (hereinafter MCL) § 750.491, and larceny in a building, a felony, in violation of MCL § 750.360. On February 2, 2010, the respondent pleaded guilty in the Michigan Circuit Court, Washentaw County, before the Honorable Donald E. Shelton, to removal of public records (MCL §750.491) in satisfaction of all charges. On March 16, 2010, the respondent was ordered to pay a fine of $100, court costs of $400, and a crime victims' assessment fee of $50. The respondent's sentence of 30 days in the county jail based upon his inability to pay the fine, costs, and assessment fee on the day of sentencing was stayed and, ultimately, suspended based upon his timely payment of the fine, costs, and assessment fee. The respondent was also barred from accessing any courts files, without prior written permission. The respondent 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 May 21, 1997.

Upon the papers filed with the Court by the Grievance Committee, and no papers having been filed in response thereto, it is

ORDERED that on the Court's own motion, the respondent, Rory Kiernan Clark, is immediately suspended from the practice of law pursuant to Judiciary Law § 90(4)(f) as a result of his conviction of a serious crime, continuing until further order of this Court; and it is further,

ORDERED that the respondent, Rory Kiernan Clark, 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, Rory Kiernan Clark, 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 on the Court's own motion, the Grievance Committee for the Ninth Judicial District is hereby authorized to institute and prosecute a disciplinary proceeding in this Court, as petitioner, against the respondent, Rory Kiernan Clark, based on his conviction of a serious crime; 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 petitioner Grievance Committee shall serve upon the respondent, Rory Kiernan Clark, and the Special Referee and file with this Court a petition within 30 days after receipt of a copy of this order; and it is further,

ORDERED that the respondent, Rory Kiernan Clark, shall serve an answer upon the petitioner and the Special Referee, and file the original answer with this Court within 20 days after service upon him of the petition; and it is further,

ORDERED that the issues raised by the petition and any answer thereto are referred to Hon. Lewis L. Douglass, a retired Justice of the Supreme Court, Kings Courty, 166-25 Powells Boulevard, Whitestone, NY 113357, 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.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court