Appellate Division: Second Judicial Department

M187672

E/ct

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

RUTH C. BALKIN, JJ.

2012-04946 In the Matter of Joell Barnett, admitted as Joell Carol Barnett, a suspended attorney. Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, petitioner; Joell Barnett, respondent. (Attorney Registration No. 3040912)

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 May 3, 2000. By decision and order on motion of this Court dated March 12, 2013, inter alia, the Court suspended the respondent pursuant to Judiciary Law §90(4)(f) as a result of her plea of guilty in the United States District Court for the Southern District of New York, on November 22, 2011, to one count of conspiracy to commit wire fraud, in violation of 18 USC § 1349, and one count of conspiracy to commit wire fraud and bank fraud, in violation of 18 USC § 1349, class B felonies. By letter dated November 18, 2014, the respondent submitted a copy of a certification of criminal conviction of the United States District Court for the Southern District of New York, confirming that she was sentenced on November 12, 2014, to time served, three years of supervised release, 300 hours of community service, and other conditions.

On the Court's own motion, it is

ORDERED that the branch of the motion by the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts which is to authorize the commencement of a disciplinary proceeding is granted, and the Grievance Committee is hereby authorized to institute and prosecute a disciplinary proceeding in this Court, as petitioner, against the respondent, Joell Barnett, admitted as Joell Carol Barnett, based on her 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 petitioner Grievance Committee shall serve upon the respondent, Joell Barnett, admitted as Joell Carol Barnett, and the Special Referee, appointed herein, 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, Joell Barnett, admitted as Joell Carol Barnett, shall serve an answer upon the petitioner and the Special Referee, appointed herein, and file the original answer with this Court within 20 days after service upon her of the petition; and it is further,

ORDERED that the issues raised by the petition and any answer thereto are referred to the Honorable Jerome M. Becker, c/o Douglas Becker, Esq., Joseph P. Day Co., 9 East 40th Street, 8th floor, N. Y., New York 10016, 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.

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

ENTER:

Aprilanne Agostino

Clerk of the Court