Appellate Division: Second Judicial Department

M135742

E/ct

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

LEONARD B. AUSTIN, JJ.

2011-10525 In the Matter of Robert E. Braun, an attorney and counselor-at-law. Grievance Committee for the Ninth Judicial District, petitioner; Robert E. Braun, respondent. (Attorney Registration No. 1118306)

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Ninth Judicial District (1) to suspend the respondent from the practice of law, pursuant to 22 NYCRR 691.4(l)(1)(i) and (iii), upon a finding that he is guilty of professional misconduct immediately threatening the public interest based upon his failure to comply with the lawful demands of the Grievance Committee and/or other uncontroverted evidence of professional misconduct; (2) to authorize it to institute and prosecute a disciplinary proceeding against the respondent based on a verified petition dated November 15, 2011; (3) to direct the respondent to submit an answer to the verified petition; and (4) to direct that a hearing be held before a Special Referee appointed to hear and report with respect to each of the issues raised by the verified petition and any answer thereto. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on April 23, 1971.

By letter dated February 2, 2012, the respondent voluntarily resigned from the New York State Bar. The respondent presently resides in Florida; is retired from the practice of law; and does not wish to continue re-certifying his retirement to the New York State Office of Court Administration every two years, as required by Judiciary Law * 468-a.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, and upon the letter dated February 2, 2012, and no papers having been filed in response thereto, it is

ORDERED that the motion is denied; and it is further

ORDERED that the voluntary resignation of Robert E. Braun is accepted and directed to be filed; and it is further

ORDERED that the name of Robert E. Braun 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, Robert E. Braun, is commanded to desist and refrain from (1) practicing law in any form, either as principal or agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney and 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 Robert E. Braun has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

MASTRO, A.P.J., RIVERA, SKELOS, DILLON and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court