Matter of Price; Grievance Committee for the Tenth Judicial
Motion No: 2004-00999
Slip Opinion No: 2011 NY Slip Op 84040(U)
Decided on September 16, 2011
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M125977

S/nl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2004-00999

In the Matter of Peter R. Price, an attorney

and counselor-at-law.

Grievance Committee for the Tenth Judicial

District, petitioner;

Peter R. Price, respondent.

(Attorney Registration No. 1655570)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, for reargument of an opinion and order of this Court dated July 5, 2011, which granted the petitioner's motion to suspend him from the practice of law for a period of five years, commencing August 4, 2011, and upon reargument, to impose a lesser penalty, or, alternatively, for leave to appeal to the Court of Appeals from the opinion and order of this Court and for a stay of the effective date of his suspension pending hearing and determination of this motion or pending hearing and determination of the appeal to the Court of Appeals if leave is granted.

The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on January 9, 1980. By opinion and order of this Court dated July 5, 2011, the respondent was suspended from the practice of law for a period of five years, commencing August 4, 2011. By order to show cause dated August 2, 2011, a Justice of this Court granted a temporary restraining order staying the effective date of the respondent's suspension pending the hearing and determination of this motion, on condition that he "not appear in Court" and that he "only proceed with winding down and transitioning his practice."

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

ORDERED that the branch of the motion which is for reargument is granted; and it is further

ORDERED that, upon reargument, the determination in the opinion and order dated July 5, 2011, is adhered to; and it is further,

ORDERED that the branch of the motion which is for leave to appeal to the Court of Appeals is denied; and it is further

ORDERED that the stay granted by the temporary restraining order contained in the order to show cause dated August 2, 2011, is vacated forthwith.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court