Appellate Division: Second Judicial Department

M138111

E/ct

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

THOMAS A. DICKERSON, JJ.

2012-01795 In the Matter of Katherine Z. Pope, admitted as Katherine Zachary Pope, an attorney and counselor-at-law. Grievance Committee for the Tenth Judicial District, petitioner; Katherine Z. Pope, respondent. (Attorney Registration No. 2162501)

DECISION & ORDER ON MOTION

By letter dated February 23, 2012, the Grievance Committee for the Tenth Judicial District provided a certified Felony Indictment and Certificate of Disposition from the County Court of the State of New York, Suffolk County, evidencing the respondent's plea of guilty, on November 15, 2011, to one count of identity theft in the third degree, a class A misdemeanor in violation of Penal Law * 190.78. The accompanying plea minutes reflect the respondent's admission that between April 25, 2006, and May 12, 2006, she knowingly and with intent to defraud, assumed the identity of another person and, by doing so, obtained property belonging to that person. On January 10, 2012, the respondent was sentenced to three years probation; a $25 Crime Victim's Assessment fee; and a $175 surcharge. The respondent was admitted to the Bar at a term of the Supreme Court in the Second Judicial Department, on January 13, 1988, under the name Katherine Zachary Pope.

Upon the papers submitted to the Court by the Grievance Committee for the Tenth Judicial District, it is

ORDERED that on the Court's own motion, the respondent, Katherine Z. Pope, admitted as Katherine Zachary Pope, is immediately suspended from the practice of law pursuant to Judiciary Law § 90(4)(f) as a result of her conviction of a serious crime, continuing until further order of this Court; and it is further,

ORDERED that the respondent, Katherine Z. Pope, admitted as Katherine Zachary Pope, shall promptly 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, Katherine Z. Pope, admitted as Katherine Zachary Pope, 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 herself 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, Katherine Z. Pope, admitted as Katherine Zachary Pope, based on her conviction of a serious crime; and it is further,

ORDERED that Robert A. Green, Chief Counsel to 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, Katherine Z. Pope, admitted as Katherine Zachary Pope, 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, Katherine Z. Pope, admitted as Katherine Zachary Pope, 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 her of the petition; and it is further,

ORDERED that the issues raised by the petition and any answer thereto are referred to Norma Giffords, Randazzo & Giffords, PC, 3000 Marcus Avenue, Suite 1E11, Lake Success, N.Y. 11042, 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