Appellate Division: Second Judicial Department

M191354

E/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

THOMAS A. DICKERSON, JJ.

2013-09244 In the Matter of Dominick A. Barbara, a su Grievance Committee for the Ninth Judicial District, petitioner; Dominick A. Barbara, respondent. (Attorney Registration No. 1487958)

DECISION & ORDER ON MOTION spended attorney.

Motion by the Grievance Committee for the Ninth Judicial District, inter alia, to stay an examination of the respondent by a qualified medical expert pursuant to 22 NYCRR 691.13(b)(1), and to suspend him from continuing to practice law pursuant to 22 NYCRR 691.13(c)(1) based upon his submissions in connection with a prior motion made by the Grievance Committee.

The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on February 24, 1971. By opinion and order of this Court dated February 8, 2011, the respondent was suspended from the practice of law for a period of 18 months, in a separate proceeding, under Appellate Division Docket No. 2009-10255 (see Matter of Barbara, 81 AD3d 127). The respondent has not been reinstated.

By decision and order on application of this Court dated January 6, 2014, the Grievance Committee for the Ninth Judicial District was authorized to institute and prosecute a further disciplinary proceeding against the respondent, based upon the acts of professional misconduct set forth in a verified petition dated September 26, 2013, the respondent was directed to serve and file an answer to the petition within 20 days of service of the order upon him, and the issues raised by the verified petition and any answer thereto were referred to the Honorable John M. Perone, as Special Referee, to hear and report. By decision and order on motion of this Court dated October 3, 2014, the Grievance Committee was directed to "arrange for the expeditious examination of the respondent" by a qualified medical expert, and the disciplinary proceeding authorized by decision and order on application dated January 6, 2014, was held in abeyance, pending receipt of the medical expert's report. By decision and order on motion of this Court dated November 6, 2014, the Grievance Committee's time to arrange for the respondent's examination by a qualified medical expert was extended until December 1, 2014.

Pursuant to the decision and order on motion dated October 3, 2014, the respondent was examined by Dr. Eric Goldsmith, a forensic psychiatrist, who has submitted a report dated January 26, 2015.

Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the report of Dr. Eric Goldsmith, dated January 26, 2015, it is

ORDERED that on the Court's own motion, the respondent is immediately suspended from continuing to practice law for an indefinite period and until further order of the Court pursuant to 22 NYCRR 691.13(c)(1), upon the medical expert's finding that he is incapacitated from continuing to practice law by reason of mental infirmity, and because of addiction to drugs and alcohol; and it is further,

ORDERED that the Grievance Committee's motion is denied as academic; and it is further,

ORDERED that the respondent shall continue to 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 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 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); and it is further,

ORDERED that the disciplinary proceeding authorized by decision and order dated January 6, 2014, is continued to be held in abeyance pending further order of the Court.

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

ENTER:

Aprilanne Agostino

Clerk of the Court