Appellate Division: Second Judicial Department

M169418

E/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

RUTH C. BALKIN, JJ.

2012-01557 In the Matter of Alexander Herman, a suspended attorney. Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, petitioner; Alexander Herman, respondent. (Attorney Registration No. 2083236)

DECISION & ORDER ON APPLICATION

Application by the respondent, pursuant to 22 NYCRR 691.13(e)(1), for the appointment of a qualified medical expert to determine whether he is no longer incapacitated from the practice of law and is capable of defending himself in a disciplinary proceeding instituted against him. By decision and order on motion of this Court dated May 15, 2012, the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts was authorized to institute and prosecute a disciplinary proceeding against the respondent based on a verified petition dated February 14, 2012, and the issues were referred to the Hon. Abraham Gerges, as Special Referee, to hear and report. By decision and order on application of this Court dated April 1, 2013, the respondent was suspended on a voluntary and provisional basis, pursuant to 22 NYCRR 691.13(c)(1), based on the contention that he suffered from a mental infirmity, until a determination was made of his capacity to practice law. Additionally, the Grievance Committee was directed to arrange for the respondent's expeditious examination by a qualified medical expert, and the disciplinary proceeding was held in abeyance pending receipt of the medical expert's report. 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 4, 1983.

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

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

ORDERED that the respondent shall arrange for his examination by Dr. Amy S. Hoffman, with the expense of such examination to be borne by the respondent (see 22 NYCRR 691.13[e][1]); and it is further,

ORDERED that the disciplinary proceeding is continued to be held in abeyance pending receipt of Dr. Hoffman's report; and it is further,

ORDERED that following receipt of Dr. Hoffman's report the respondent may apply for reinstatement pursuant to 22 NYCRR 691.13(e)(1) should he seek to be reinstated.

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

ENTER:

Aprilanne Agostino

Clerk of the Court