Appellate Division: Second Judicial Department

M180720

E/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

JEFFREY A. COHEN

2013-06312 In the Matter of Diane B. Groom, admitted as Diane Barbara Groom, a voluntary resignor. Grievance Committee for the Tenth Judicial District, petitioner; Diane B. Groom, respondent. (Attorney Registration No. 2966885)

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Tenth Judicial District (1) to recall and vacate a decision and order of this Court dated November 7, 2013, which accepted the respondent's voluntary resignation and removed her name from the roll of attorneys and counselors-at-law; (2) to immediately suspend the respondent from the practice of law, pursuant to Judiciary Law § 90(4)(f) based on her conviction of a serious crime; and (3) to authorize the Grievance Committee to institute and prosecute a disciplinary proceeding against her based on a verified petition dated March 12, 2014. 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 26, 1999, under the name Diane Barbara Groom.

The respondent was convicted, upon her plea of guilty, in the Supreme Court, Suffolk County, of the crime of tampering with public records in the second degree, in violation of Penal Law § 175.20, a class A misdemeanor, and on June 19, 2013, was sentenced to three years probation, a DNA fee of $50, and other conditions.

Application by the respondent to be suspended pursuant to 22 NYCRR 691.13(c) and to direct an examination by a qualified medical expert prior to any hearing, to determine her mental fitness.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, including the respondent's additional medical records, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, and the decision and order of this Court dated November 7, 2013, is recalled and vacated; and it is further,

ORDERED that the respondent, Diane B. Groom, admitted as Diane Barbara Groom, is immediately suspended from the practice of law pursuant to Judiciary Law § 90(4)(f) as a result of her conviction of a serious crime, continuing until further order of this Court; and it is further,

ORDERED that the respondent, Diane B. Groom, admitted as Diane Barbara Groom, shall 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, Diane B. Groom, admitted as Diane Barbara Groom, is commanded to continue to desist and refrain from (1) practicing law in any form, either as principal or as 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 of any advice in relation thereto, and (4) holding herself out in any way as an attorney and counselor-at-law; and it is further,

ORDERED that the Grievance Committee for the Tenth Judicial District is hereby authorized to institute and prosecute a disciplinary proceeding in this Court, as petitioner, against the respondent, Diane B. Groom, admitted as Diane Barbara Groom, based on the acts of set forth in the verified petition dated March 12, 2014; and it is further,

ORDERED that Robert A. Green, Chief Counsel for the Grievance Committee for the Tenth Judicial District, 150 Motorway Parkway, Suite 102, Hauppauge, N.Y. 11788, 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 Charles J. Thomas, 50 East 89th Street, Apt. 10-F, New York, N.Y. 10128, 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, Diane B. Groom, admitted as Diane Barbara Groom, and the Special Referee, and file with this Court, the verified petition dated March 12, 2014, within 20 days after receipt of a copy of this decision and order on motion; and it is further,

ORDERED that the application is granted to the extent that the respondent, Diane B. Groom, admitted as Diane Barbara Groom, shall be expeditiously examined by a qualified medical expert, to be arranged by the Chief Counsel for the Tenth Judicial District within 30 days of this decision and order on motion, to determine whether the respondent is incapacitated pursuant to 22 NYCRR 691.13(c), and the disciplinary proceeding, including the respondent's obligation to serve and file an answer, is held in abeyance pending receipt of the medical expert's report and a determination is made as to whether the respondent is incapacitated and as to her ability to defend herself; and it is further,

ORDERED that the application is otherwise denied.

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

ENTER:

Aprilanne Agostino

Clerk of the Court