Appellate Division: Second Judicial Department

M188504

E/ct

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

RUTH C. BALKIN, JJ.

2014-04115 In the Matter of Gerald H. Abrams, admitted as Gerald Howard Abrams, an attorney and counselor-at-law. Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, petitioner; Gerald H. Abrams, respondent. (Attorney Registration No. 1632934)

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts pursuant to 22 NYCRR 691.13(b) for the Court to determine whether the respondent is incapacitated from practicing law by reason of mental infirmity or illness, including the appointment of a qualified medical expert to examine the respondent. By decision and order on motion of this Court dated August 12, 2014, the Grievance Committee was directed to arrange for the expeditious examination of the respondent by a qualified medical expert, and the motion was otherwise held in abeyance. Subsequently, the respondent was examined by Dr. Azariah Eshkenazi, a board certified psychiatrist, who has submitted a report dated September 23, 2014.

Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the report of Dr. Azariah Eshkenazi dated September 23, 2014, it is

ORDERED that the portion of the motion previously held in abeyance is granted, it is determined that the respondent, Gerald H. Abrams, admitted as Gerald Howard Abrams, is incapacitated from practicing law by reason of mental infirmity, and the respondent is immediately suspended from the practice of law pursuant to 22 NYCRR 691.13(b), upon the medical expert's finding that he 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, Gerald H. Abrams, admitted as Gerald Howard Abrams, 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, Gerald H. Abrams, admitted as Gerald Howard Abrams, is commanded to continue 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 if the respondent, Gerald H. Abrams, admitted as Gerald Howard Abrams, 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 his affidavit of compliance pursuant to 22 NYCRR 691.10(f).

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

ENTER:

Aprilanne Agostino

Clerk of the Court