Appellate Division: Second Judicial Department

M140007

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, a deceased attorney. 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 to vacate a decision and order on motion of this Court dated April 13, 2012, which suspended Richard L. Bernstein from the practice of law pursuant to 22 NYCRR 691.13(b), until further order of the Court, based upon evidence of his medical incapacity, and appointed Diana Maxfield Kearse, Chief Counsel to the Grievance Committee, as inventory attorney, inter alia, to take custody and inventory his files. Mr. Bernstein 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 decision and order on motion of this Court dated April 13, 2012, in the above entitled proceeding, is vacated by reason of the death of Richard L. Bernstein on January 10, 2012.

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

ENTER:

Aprilanne Agostino

Clerk of the Court