Appellate Division: Second Judicial Department

M136651

E/ct

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

THOMAS A. DICKERSON, JJ.

2009-01871 In the Matter of Robert A. Macedonio, admitted as Robert Anthony Macedonio, a disbarred attorney. Grievance Committee for the Tenth Judicial District, petitioner; Robert A. Macedonio, respondent. (Attorney Registration No. 2515955)

DECISION & ORDER ON MOTION

Motion by the respondent (1) to vacate an opinion and order of this Court dated August 25, 2009, which disbarred him, effective December 9, 2008; (2) to reinstate him to the practice of law without further proceedings; and (3) to deem his "removal" from the Bar as a suspension nunc pro tunc to December 9, 2008. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 3, 1993, under the name Robert Anthony Macedonio. By opinion and order of this Court dated August 25, 2009, this Court disbarred the respondent based on his conviction of criminal possession of a controlled substance in the fifth degree, in violation of Penal Law § 220.06(5), a class D felony, and struck his name from the roll of attorneys and counselors-at-law, effective December 9, 2008. On January 6, 2012, the Honorable James Hudson, County Court, Suffolk County, pursuant to a negotiated plea, granted the respondent's motion to vacate his felony conviction and accepted in its place a plea to criminal possession of a controlled substance in the seventh degree, in violation of Penal Law § 220.03, a class A misdemeanor. The respondent was sentenced to a conditional discharge.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted to the extent that the opinion and order of this Court dated August 25, 2009, is vacated, and the motion is otherwise denied; and it is further,

ORDERED that on the Court's own motion, the respondent, Robert A. Macedonio, admitted as Robert Anthony Macedonio, 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, Robert A. Macedonio, admitted as Robert Anthony Macedonio, shall continue to 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, Robert A. Macedonio, admitted as Robert Anthony Macedonio, is commanded to continue to desist and refrain from (1) practicing law in any form, either as principal or agent, clerk, or employee or 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 Tenth Judicial District is hereby authorized to institute and prosecute a disciplinary proceeding in this Court, as petitioner, against the respondent, Robert A. Macedonio, admitted as Robert Anthony Macedonio, based on his conviction of a serious crime; and it is further,

ORDERED that the disciplinary proceeding shall be conducted in an expeditious manner; and it is further,

ORDERED that Robert A. Green, Chief Counsel for the Grievance Committee for the Tenth Judicial District, 150 Motor Parkway, Suite 102, Hauppauge, N.Y. 11788, 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, Robert A. Macedonio, admitted as Robert Anthony Macedonio, 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, Robert A. Macedonio, admitted as Robert Anthony Macedonio, 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 Honorable Stella Schindler, a former Judge of the Family Court, New York County, 63 East Ninth Street, #8J, New York, N.Y. 10003, as Special Referee to hear and report, together with her 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, SKELOS, DILLON and DICKERSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court