Appellate Division: Second Judicial Department

M130810

E/ct

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

MARK C. DILLON

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON, JJ.

2011-03055 In the Matter of James E. O'Hare, an attorney and counselor-at-law. Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, petitioner; James E. O'Hare, respondent. (Attorney Registration No. 1893536)

DECISION & ORDER ON MOTION

By letter dated May 2, 2011, the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts advised the Court that on March 16, 2011, in the Criminal Court of the City of New York, Richmond County, the respondent pled guilty to attempted aggravated harassment in the second degree, in violation of Penal Law §§ 110, 240.30, a class B misdemeanor. He was sentenced to a one-year conditional discharge, and a full order of protection was issued against him. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on December 30, 1983.

Upon the papers filed with the Court, it is

ORDERED that on the Court's own motion, the respondent, James E. O'Hare, 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, James E. O'Hare, shall promptly comply with this Court's rules governing the conduct of disbarred, suspended, and resigned attorneys (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, James E. O'Hare, 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 Second, Eleventh, and Thirteenth Judicial Districts is hereby authorized to institute and prosecute a disciplinary proceeding in this Court, as petitioner, against the respondent, James E. O'Hare, based on his conviction of a serious crime; and it is further,

ORDERED that Diana M. Kearse, Chief Counsel to the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, Renaissance Plaza, 335 Adams Street - Suite 2400, Brooklyn, N.Y. 11201, 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, James E. O'Hare, and the Special Referee and file with this Court a petition within 30 days after receipt of a copy of this decision and order on motion; and it is further,

ORDERED that the respondent, James E. O'Hare, 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 the Hon. Abraham G. Gerges, a retired Justice of the Supreme Court, Kings County, 2600 Island Boulevard, Apt. 1002, Aventura, Fl. 33160, 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.

MASTRO, A.P.J., RIVERA, DILLON, ANGIOLILLO and DICKERSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court