Appellate Division: Second Judicial Department

M151954

E/ct

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

L. PRISCILLA HALL, JJ.

2010-07179 In the Matter of Steven Rosenberg, a suspended attorney. Grievance Committee for the Tenth Judicial District, petitioner; Steven Rosenberg, respondent. (Attorney Registration No. 2486157)

DECISION & ORDER ON MOTION

By decision and order on motion of this Court dated December 6, 2010, the respondent, who was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 10, 1992, was immediately suspended from the practice of law pursuant to 22 NYCRR 691.4(l)(1)(i) upon a finding that he was guilty of professional misconduct immediately threatening the public interest based on his failure to respond to requests for information in connection with two complaints of professional misconduct filed against him, and the Grievance Committee for the Tenth Judicial District was authorized to institute and prosecute a disciplinary proceeding against the respondent, based on an amended petition dated August 23, 2010. The respondent's cross motion to stay the Grievance Committee's investigation and allow him to complete a monitoring program sponsored by a court-approved Lawyer's Assistance Program was denied.

By decision and order on motion dated November 22, 2011, the Court, on it's own motion, directed the Grievance Committee to arrange for the expeditious examination of the respondent, by a qualified medical expert, to determine his capacity to continue the practice of law, pursuant to 22 NYCRR 691.13(b), the Grievance Committee's motion for leave to serve and file a supplemental petition dated July 21, 2011 was granted, and the respondent's separate motion pursuant to 22 NYCRR 691.13(c), inter alia, to stay the disciplinary proceeding was held in abeyance pending a determination of the respondent's capacity to continue the practice of law. Additionally, the respondent's suspension pursuant to the decision and order dated December 6, 2010, was continued. The Court has received the report of Peter Joseph Favarro, Ph.D., dated November 19, 2012.

Upon the papers filed in support of the Court's motion, the papers filed in support of the respondent's motion and the papers filed in opposition thereto, and upon the report of Peter Joseph Favarro, Ph.D., it is

ORDERED that the respondent's motion, inter alia, to stay the disciplinary proceeding is denied; and it is further,

ORDERED that the Court's motion is granted and Grievance Committee for the Tenth Judicial District is directed to resume the prosecution of the disciplinary proceeding, based on the amended petition and the supplemental petition; and it is further,

ORDERED that the suspension of the respondent, Steven Rosenberg, pursuant to the decision and order on motion of this Court dated December 6, 2010, is continued; and it is further,

ORDERED that the respondent, Steven Rosenberg, 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, Steven Rosenberg, is commanded to continue 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.

ENG, P.J, RIVERA, SKELOS, DILLON and HALL, JJ., concur

ENTER:

Aprilanne Agostino

Clerk of the Court