Appellate Division: Second Judicial Department

M164521

E/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

SANDRA L. SGROI, JJ.

2013-06286 In the Matter of Paul D. Sirignano, admitted as Paul Davis Sirignano an attorney and counselor-at-law. Grievance Committee for the Ninth Judicial District, petitioner; Paul D. Sirignano, respondent. (Attorney Registration No. 1803238)

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 May 12, 1982, under the name Paul Davis Sirignano.

By affirmation dated June 10, 2013, the Grievance Committee for the Ninth Judicial District advised the Court that on September 27, 2012, the respondent entered a plea of guilty before the Honorable Douglas M. Kraus, Judge of the New Castle Town Court, Westchester County, to attempted criminal tax fraud in the fourth degree, a class A misdemeanor, in violation of Tax Law § 1803 and Penal Law § 110. On May 9, 2013, a judgment and order of restitution was entered in the amount of $44,019. The respondent failed to notify this Court of his conviction, as required.

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

ORDERED that the respondent, Paul D. Sirignano, admitted as Paul Davis Sirignano, is immediately suspended from the practice of law pursuant to Judiciary Law § 90(4)(f) as a result of his conviction of a serious crime, continuing until further order of this Court; and it is further,

ORDERED that the respondent, Paul D. Sirignano, admitted as Paul Davis Sirignano, 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, Paul D. Sirignano, admitted as Paul Davis Sirignano, 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 Ninth Judicial District is hereby authorized to institute and prosecute a disciplinary proceeding in this Court, as petitioner, against the respondent, Paul D. Sirignano, admitted as Paul Davis Sirignano, based on his conviction of a serious crime; and it is further,

ORDERED that Gary L. Casella, Chief Counsel to the Grievance Committee for the Ninth Judicial District, Crosswest Office Center, 399 Knollwood Road - Suite 200, White Plains, N.Y. 10603, is hereby appointed as attorney for the petitioner in such proceeding; and it is further,

ORDERED that the issues raised by the petition and any answer thereto are referred to the Honorable Stewart A. Rosenwasser, 201 Ward Street, Suite 2B, Montgomery, N.Y. 12549, as Special Referee, to hear and report, and to submit a report, which includes his findings on the issues, within 60 days after the conclusion of the hearing or the submission of post-hearing memoranda, and it is further,

ORDERED that the petitioner Grievance Committee shall serve upon the respondent, Paul D. Sirignano, admitted as Paul Davis Sirignano, 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, Paul D. Sirignano, admitted as Paul Davis Sirignano, 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.

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

ENTER:

Aprilanne Agostino

Clerk of the Court