Matter of Sprei; Grievance Committee for the Second, Eleven
Motion No: 2011-06326
Slip Opinion No: 2013 NY Slip Op 72045(U)
Decided on April 26, 2013
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M155411

E/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2011-06326

In the Matter of Michael Spriel, a

disbarred attorney.

(Attorney Registration No. 4170817)

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts to amend an opinion and order of this Court dated January 30, 2013, which disbarred Michael Sprei, effective immediately, upon his resignation. Application by Michael Sprei to amend the opinion and order dated January 30, 2013, so that his disbarment is effective, nunc pro tunc, to January 6, 2012, the date of his interim suspension, or June 8, 2012, the date he tendered his affidavit of resignation.

Mr. Sprei was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on November 19, 2003. By decision and order on motion of this Court dated January 6, 2012, inter alia, Mr. Sprei was suspended from the practice of law, pursuant to 22 NYCRR 691.4(l)(1)(ii) and (iii), and the Grievance Committee was authorized to institute and prosecute a disciplinary proceeding against him based on a petition dated July 7, 2011. Thereafter, Mr. Sprei submitted an affidavit of resignation with a request that his resignation be accepted and that his name be stricken from the roll of attorneys, nunc pro tunc, to the date he received the notice of interim suspension, i.e., January 12, 2012. By opinion and order dated January 30, 2013, this Court accepted the resignation, disbarred Mr. Sprei, effectively immediately, and denied his application that his resignation be effective, nunc pro tunc, to January 12, 2012.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application it is

ORDERED that the motion is granted and the opinion and order dated January 30, 2012, is amended by deleting from the fourth paragraph on page two thereof the words "the request that his name be stricken nunc pro tunc, and"; and it is further,

ORDERED that the application is denied.

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

ENTER:

Aprilanne Agostino

Clerk of the Court