Appellate Division: Second Judicial Department

M188187

E/ct

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

SANDRA L. SGROI, JJ.

2014-07700 In the Matter of Alla Rapoport, an attorney and counselor-at-law. Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, petitioner; Alla Rapoport, respondent. (Attorney Registration No. 4149100)

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts (1) to suspend the respondent from the practice of law, pursuant to 22 NYCRR 691.4(l)(1)(i), upon a finding that she is guilty of professional misconduct immediately threatening the public interest in that she failed to cooperate with the lawful demands of the Grievance Committee in its investigation of two complaints of professional misconduct filed against her; (2) to authorize the Grievance Committee to institute and prosecute a disciplinary proceeding against the respondent based upon the allegations set forth in a verified petition dated August 13, 2014; (3) to direct the respondent to submit an answer to the petition; and (4) to refer the issues raised to a Special Referee, to hear and report. By decision and order on motion dated November 12, 2014, this Court held the motion in abeyance and directed that the respondent be examined by a qualified medical expert to determine whether she was incapacitated from continuing to practice law, pursuant to 22 NYCRR 691.13(b)(1). Subsequently, the respondent was examined by Dr. Azariah Eshkenazi, a board certified psychiatrist, who submitted a report dated December 3, 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 October 22, 2003.

Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the report of Dr. Azariah Eshkenazi, it is

ORDERED that the respondent, Alla Rapoport, is immediately suspended from the practice of law pursuant to 22 NYCRR 691.13(b)(1), based upon the medical expert's finding that she is incapacitated from continuing to practice law, for an indefinite period of time and until the further order of this Court; and it is further,

ORDERED that the respondent, Alla Rapoport, 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, Alla Rapoport, 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 herself out in any way as an attorney and counselor-at-law; and it is further,

ORDERED that if the respondent, Alla Rapoport, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency and the respondent shall certify to the same in her affidavit of compliance pursuant to 22 NYCRR 691.10(f); and it is further,

ORDERED that the motion is continued to be held in abeyance.

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

ENTER:

Aprilanne Agostino

Clerk of the Court