Appellate Division: Second Judicial Department

M185287

E/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2013-06519 In the Matter of Steven Jay Stanwyck, an attorney and counselor-at-law. Grievance Committee for the Ninth Judicial District, petitioner; Steven Jay Stanwyck, respondent. (Attorney Registration No. 2497667)

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Ninth Judicial District to confirm the report of a Special Referee, and to impose discipline on the respondent pursuant to 22 NYCRR 691.3 of the rules governing the conduct of attorneys, based upon his disbarment by order of the Supreme Court of California dated and filed January 12, 2012. Application by the respondent pursuant to 22 NYCRR 691.13(c)(1) to hold in abeyance the disciplinary proceeding pending against him, including the motion, inter alia, to confirm the Special Referee's report, on the ground that he is unable to adequately defend himself due to his addiction to prescription drugs. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on April 26, 1972.

The order of the Supreme Court of California, dated and filed January 12, 2012, disbarred the respondent upon a finding that he was guilty of maintaining unjust actions in state and federal court, inter alia, by filing fruitless motions and using frivolous tactics. The Grievance Committee served the respondent with a notice pursuant to 22 NYCRR 691.3 to impose discipline on him based upon his disbarment in California. In response, the respondent filed a verified statement dated October 8, 2013, in which he asserted that the notice violated his due process rights because it did not include the full record of the underlying proceedings, and requested a hearing based on enumerated defenses. By decision and order on motion of this Court dated January 6, 2014, inter alia, this Court directed a hearing upon the respondent's demand pursuant to 22 NYCRR 691.3(d), and the Honorable Jerome Becker was appointed as Special Referee, to hear and report. Subsequently, the Special Referee filed a report dated August 8, 2014, the Grievance Committee filed a motion, inter alia, to confirm the Special Referee's report, and the respondent made an application pursuant to 22 NYCRR 691.13(c)(1) to hold in abeyance the disciplinary proceeding, including the motion, inter alia, to confirm the Special Referee's report, on the ground that he is unable to adequately defend himself because of an addiction to prescription drugs, supported by, among other things, a printout from the UCLA Neurology Epilepsy Department in connection with his visit, on August 11, 2014, to Dr. Shennan A. Weiss.

Upon the papers filed in support of the motion and the application, and the papers filed in opposition thereto, it is,

ORDERED that on the Court's own motion, the respondent, Steven Jay Stanwyck, is immediately suspended from the practice of law in the State of New York, pursuant to 22 NYCRR 691.13(c), based on his admitted addiction to prescription drugs, which renders him unable to adequately defend himself, until a determination is made of his capacity to continue to practice law; and it is further,

ORDERED that the application is granted and the disciplinary proceeding against the respondent, Steven Jay Stanwyck, including the motion, inter alia, to confirm the Special Referee's report, is held in abeyance until further order of this Court; and it is further,

ORDERED that the respondent, Steven Jay Stanwyck, is directed to be expeditiously examined by a qualified medical expert to be arranged for by Chief Counsel to the Grievance Committee for the Ninth Judicial District within 30 days after the date of this order to determine whether he is incapacitated from continuing to practice law, pursuant to 22 NYCRR 691.13(b)(1); and it is further,

ORDERED that if the respondent, Steven Jay Stanwyck, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency and Steven Jay Stanwyck, shall certify to the same in his affidavit of compliance pursuant to 22 NYCRR 691.10(f).

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

ENTER:

Aprilanne Agostino

Clerk of the Court