Appellate Division: Second Judicial Department

M165348

E/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

JEFFREY A. COHEN, JJ.

2013-01978 In the Matter of Neil Stuart Spector, a suspended attorney. Grievance Committee for the Tenth Judicial District, petitioner; Neil Stuart Spector, respondent. (Attorney Registration No. 1937424)

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Tenth Judicial District (1) for leave to file a supplemental verified petition dated June 26, 2013, containing five additional charges of professional misconduct, (2) to direct the respondent to submit a written answer to the supplemental verified petition within 20 days, and (3) to refer the issues raised by the supplemental verified petition, and any answer thereto, to the Honorable Lewis L. Douglass, who previously was designated as Special Referee, to hear and report. Separate motion by the Grievance Committee (1) to adjudicate the respondent in default, based upon his failure to answer a verified petition dated January 31, 2013, (2) to deem to the charges against the respondent established, and (3) to impose such discipline upon the respondent as this Court may deem appropriate. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the First Judicial Department, on July 30, 1984. By decision and order on motion of this Court dated May 13, 2013, the respondent was suspended from the practice of law pursuant to 22 NYCRR 691.4(l)(1)(i), based upon his failure to cooperate with the lawful demands of the Grievance Committee, a disciplinary proceeding was authorized against the respondent based upon two charges of professional misconduct contained in a verified petition dated January 31, 2013, the issues raised by the petition, and any answer thereto, were referred to the Honorable Lewis L. Douglass, as Special Referee, to hear and report, and the respondent was directed to serve an answer to the verified petition within 20 days of service of the Court 's decision and order on motion upon him. By decision and order on motion dated July 11, 2013, as amended, the Court, on its own motion, appointed Robert P. Guido, Special Counsel for Grievance Matters, as inventory attorney, to take control of the respondent's files and records.

Upon the papers filed in support of the motions, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion, inter alia, for leave to file a supplemental verified petition is granted; and it is further

ORDERED that the issues raised by the supplemental petition, and any answer thereto, are referred to the Honorable Lewis L. Douglass, as Special Referee, to hear and report, together with the issues previously assigned by the decision and order on motion dated May 13, 2013; and it is further,

ORDERED that the Grievance Committee for the Tenth Judicial District shall serve the supplemental verified petition dated June 26, 2013, upon the respondent, Neil Stuart Spector, and the Special Referee, and file the original with this Court within 20 days after receipt of a copy of this decision and order on motion; and it is further

ORDERED that the respondent, Neil Stuart Spector, shall serve a written answer to the verified petition dated January 31, 2013, and the supplemental verified petition dated June 26, 2013, upon the Grievance Committee and the Special Referee, and file the original answer with this Court, within 20 days of service of the supplemental petition upon him; and it is further,

ORDERED that the motion, inter alia, to adjudicate the respondent in default is denied without prejudice to renew after the time to answer the verified petition and the supplemental verified petition, as set forth in this decision and order on motion, has expired.

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

ENTER:

Aprilanne Agostino

Clerk of the Court