Appellate Division: Second Judicial Department

M133298

E/ct

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

DANIEL D. ANGIOLILLO, JJ.

2011-09497 In the Matter of Richard L. Bernstein, an attorney and counselor-at-law. Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, petitioner; Richard L. Bernstein, respondent. (Attorney Registration No. 1013101)

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts: (1) to suspend the respondent, pursuant to 22 NYCRR 691.13(b), for an indefinite period due to incapacity and continuing until further order of the Court; and (2) for appointment of an attorney, pursuant to 22 NYCRR 691.13(d), to inventory the respondent's files and to take such action as the Court deems proper and advisable to protect the interests of the respondent's clients and for the protection of the interests of the respondent. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on October 14, 1959.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the respondent, Richard L. Bernstein, is suspended from the practice of law pursuant to 22 NYCRR 691.13(b), until further order of this Court, based upon evidence of his medical incapacity; and it is further,

ORDERED that the respondent, Richard L. Bernstein, shall 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 Richard L. Bernstein, 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 if the respondent, Richard L. Bernstein, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency and the respondent shall certify to the same in his affidavit of compliance pursuant to 22 NYCRR 691.10(f); and it is further,

ORDERED that Diana Maxfield 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. 11201-3745, is hereby appointed as inventory attorney, pursuant to 22 NYCRR 691.10(g) to (1) take custody of and inventory Richard L. Bernstein's files and return them to his clients, (2) take custody of and safeguard the records of any business, escrow, trust or special account of Richard L. Bernstein, and (3) take such action as is deemed proper and advisable to protect the interests of Richard L. Bernstein's clients in discharging the aforesaid duties.

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

ENTER:

Aprilanne Agostino

Clerk of the Court