Appellate Division: Second Judicial Department

M148312

E/ct

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

MARK C. DILLON

DANIEL D. ANGIOLILLO

SHERI S. ROMAN, JJ.

2012-02683 In the Matter of Michael Bolduc, an attorney and counselor-at-law. Grievance Committee for the Tenth Judicial District, petitioner; Michael Bolduc, respondent. (Attorney Registration No. 3008042)

DECISION & ORDER ON MOTION

The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on January 12, 2000.

By affirmation dated May 24, 2012, on notice to the respondent, the Grievance Committee for the Tenth Judicial District advised the Court that the respondent had been convicted of seven misdemeanors, of which two constituted serious crimes. On September 19, 2007, in the Southampton Town Court, Suffolk County, the respondent pleaded guilty to criminal contempt in the second degree, a class A misdemeanor, in violation of Penal Law * 215.50, and was sentenced to probation. On April 12, 2010, in the Supreme Court, New York County, the respondent pleaded guilty to petit larceny, a class A misdemeanor, in violation of Penal Law * 155.25, and was sentenced, inter alia, to 90 days imprisonment. The respondent failed to notify the Court of any of his seven misdemeanor convictions, as required by Judiciary Law * 90(4)(c) and 22 NYCRR * 691.7.

On the Court's own motion and the papers submitted to the Court, it is

ORDERED that the respondent, Michael Bolduc, is immediately suspended from the practice of law pursuant to Judiciary Law § 90(4)(f) as a result of his conviction of two serious crimes, continuing until further order of this Court; and it is further,

ORDERED that the respondent, Michael Bolduc, 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, Michael Bolduc, 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 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, Michael Bolduc, based on his conviction of seven misdemeanors, including two serious crimes, and his failure to duly notify the Court; 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, Michael Bolduc, 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, Michael Bolduc, 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 Patrick Sweeney, a former Judge of the Family Court, Suffolk County, 17 Greenknoll Court, Fort Salonga, N.Y. 11788, as Special Referee to hear and report, together with (his) 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.

ENG, P.J., RIVERA, DILLON, ANGIOLILLO and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court