Appellate Division: Second Judicial Department

M163386

E/nl

RANDALL T. ENG, PJ.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

SYLVIA O. HINDS-RADIX

2013-04985 In the Matter of Francis Gregory McClure, an attorney and counselor-at-law. Grievance Committee for the Ninth Judicial District, petitioner; Francis Gregory McClure, respondent. (Attorney Registration No. 1702455)

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Ninth Judicial District pursuant to 22 NYCRR 691.13(a) to suspend the respondent from the practice of law, effective immediately and for an indefinite period, and until the further order of this Court. 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 21, 1981. By order dated October 29, 2012, the Circuit Court of the Sixth Judicial Circuit of the State of Florida, Pinellas County, declared the respondent incompetent to proceed in certain criminal proceedings, by reason of mental illness, pursuant to Florida Statutes § 916.106(11), and committed him to the Department of Children and Families for placement in a mental health treatment facility, pursuant to Florida Statutes § 916.13(2).

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 motion is granted; and it is further,

ORDERED that the respondent, Francis Gregory McClure, is suspended from the practice of law pursuant to 22 NYCRR 691.13(a) effective immediately and for an indefinite period and until the further order of this Court, based upon a judicial declaration of his incompetence and his commitment to a mental health treatment facility; and it is further,

ORDERED that the respondent, Francis Gregory McClure, shall 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, Francis Gregory McClure, 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 if the respondent, Francis Gregory McClure, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency and the respondent shall certify to the same in his affidavit of compliance; and it is further

ORDERED that the Grievance Committee for the Ninth Judicial District shall serve a copy of this decision and order on motion upon the respondent, Francis Gregory McClure, via regular first class mail, c/o Florida State Hospital, PO Box 1000, Chattahoochee, FL 32324, as well as via United Parcel Service 2nd Day Air delivery, c/o Forensic Program Coordinator, Department of Children and Families, Mental Health Program Office, 1317 Winewood Boulevard, Building 6 - Room 234, Tallahassee, FL 32399-0700, and file proof of service with this Court.

ENG, P.J, MASTRO, RIVERA, SKELOS and HINDS-RADIX, JJ., concur

ENTER:

Aprilanne Agostino

Clerk of the Court