Appellate Division: Second Judicial Department

M169248

E/sl

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

LEONARD B. AUSTIN, JJ.

2012-05346 In the Matter of Michael J. DeFilippo, admitted as Michael John DeFilippo, a suspended attorney. Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, petitioner; Michael J. DeFilippo, respondent. (Attorney Registration No. 2939320)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on application of this Court dated January 28, 2014, in the above-entitled case is recalled and vacated, and the following decision and order on application is substituted therefor:

Application by the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts for leave to serve and file a second verified supplemental petition dated December 4, 2013, containing one additional charge of professional misconduct. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on February 10, 1999, under the name Michael John DeFilippo. By decision and order on application of this Court dated December 31, 2012, a disciplinary proceeding was authorized against the respondent pursuant to 22 NYCRR 691.4(e)(5), based upon charges set forth in a verified petition dated June 1, 2012. By decision and order on motion of this Court dated November 1, 2013, the respondent was immediately suspended from the practice of law, pending further order of the Court, and the Grievance Committee was authorized to serve and file a verified supplemental petition dated March 12, 2013, containing three additional charges of professional misconduct.

Upon the papers filed in support of the application, it is

ORDERED that the application is granted; and it is further,

ORDERED that the issues raised in the second verified supplemental petition dated December 4, 2013, and any answer thereto, are referred to the Honorable Harry E. Seidell, as Special Referee to hear and report, together with the issues previously assigned on the same matter; and it is further,

ORDERED that the petitioner Grievance Committee shall serve upon the respondent and the Special Referee and file with this Court the second verified supplemental petition dated December 4, 2013, within 30 days after receipt of a copy of this decision and order on application; and it is further,

ORDERED that within 20 days after service upon him of the second verified supplemental petition dated December 4, 2013, the respondent, Michael J. DeFilippo, admitted as Michael John DeFilippo, shall serve an answer upon the petitioner and the Special Referee, and file the original answer with this Court.

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

ENTER:

Aprilanne Agostino

Clerk of the Court