Appellate Division: Second Judicial Department

M172812

E/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

LEONARD B. AUSTIN, JJ.

2014-00898 In the Matter of Mathew R. Sheldon, admitted as Mathew Ross Sheldon, an attorney and counselor-at-law. Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts petitioner; Mathew R. Sheldon, respondent. (Attorney Registration No. 3017977)

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 January 12, 2000, under the name Mathew Ross Sheldon.

In an affirmation dated January 28, 2014, on notice to the respondent, the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts advised the Court that on June 17, 2013, the respondent pleaded guilty in the United States District Court for the District of New Jersey, to one count of attempt and conspiracy to commit wire fraud, in violation of 18 USC § 1349, a class B felony. On October 21, 2013, the respondent was sentenced to 30 months imprisonment and three years of supervised release, and directed to make restitution in the amount of $869,492 and pay a special assessment of $100.

Now, on the Court's own motion and upon the papers submitted to the Court, it is

ORDERED that the respondent, Mathew R. Sheldon, admitted as Mathew Ross Sheldon, 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, Mathew R. Sheldon, admitted as Mathew Ross Sheldon, 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, Mathew R. Sheldon, admitted as Mathew Ross Sheldon, 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 Second, Eleventh, and Thirteenth Judicial Districts is hereby authorized to institute and prosecute a disciplinary proceeding in this Court, as petitioner, against the respondent, Mathew R. Sheldon, admitted as Mathew Ross Sheldon, based on his conviction of a serious crime; and it is further,

ORDERED that Diana M. Kearse, Chief Counsel to the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, Renaissance Plaza, 335 Adams Street - Suite 2400, Brooklyn, N.Y. 11201, 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 David I. Ferber, c/o Ferber Chan Essner & Coller, LLP, 530 Fifth Avenue, 23rd Floor, New York, N.Y. 10036, as Special Referee, to hear and report, and to submit a report, which contains 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, Mathew R. Sheldon, admitted as Mathew Ross Sheldon, 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, Mathew R. Sheldon, admitted as Mathew Ross Sheldon, 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 AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court