Appellate Division: Second Judicial Department

M128015

E/ct

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2011-06784 In the Matter of Eugene M. Underberg, admitted as Eugene Michael Underberg, an attorney and counselor-at-law. (Attorney Registration No. 1861194)

DECISION & ORDER VOLUNTARY RESIGNATION

Eugene M. Underberg has voluntarily submitted an affidavit dated July 22, 2011, wherein he resigns from the New York State Bar. Mr. Underberg 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 March 22, 1967, under the name Eugene Michael Underberg. There are no complaints or charges of professional misconduct pending against him. Mr. Underberg presently resides in Florida, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Eugene Michael Underberg is accepted and directed to be filed; and it is further,

ORDERED that the name of Eugene Michael Underberg 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, Eugene Michael Underberg 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 Eugene Michael Underberg has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court