Appellate Division: Second Judicial Department

M194102

E/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

RUTH C. BALKIN, JJ.

2015-00923 In the Matter of Albert Jairam Baldeo, an attorney and counselor-at-law. Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, petitioner; Albert Jairam Baldeo, respondent. (Attorney Registration No. 2509800)

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts to strike the respondent's name from the roll of attorneys and counselors-at-law based on his conviction in the United States District Court, Southern District of New York, of conspiracy to obstruct justice in violation of 18 U.S.C. § 1512(b)(3), and six counts of obstruction of justice in violation of 18 U.S.C. § 1512(b)(3), all federal felonies. The respondent was sentenced on February 2, 2015, to 18 months imprisonment, two years supervised release, three months home confinement, and 300 hours of community service, and received a $15,000 fine and a $100 special assessment. In response to the motion, the respondent opposes his disbarment, but acknowledges that he should be immediately suspended from the practice of law, upon his conviction of a serious crime pursuant to Judiciary Law § 90(4)(f), and asks that the hearing on any disciplinary proceeding commenced against him be held in abeyance pending his release from Federal incarceration. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on December 16, 1992.

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

ORDERED that the motion is denied; and it is further,

ORDERED that on the Court's own motion, the respondent is immediately suspended from the practice of law, upon his conviction of a serious crime, and continuing until further order of this Court, pursuant to Judiciary Law § 90(4)(f); and it is further,

ORDERED that the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts is hereby authorized to institute and prosecute a disciplinary proceeding in this Court against Albert Jairam Baldeo based on his conviction of a serious crime; and it is further,

ORDERED that Diana Maxfield 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. 11201-3745, is hereby appointed as attorney for the petitioner in such proceeding; and it is further,

ORDERED that within 30 days of receipt of a copy of this decision and order on motion, the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts shall serve upon the respondent, Albert Jairam Baldeo, and the Special Referee, appointed herein, a verified petition and file the verified petition with this Court; and it is further,

ORDERED that within 20 days after service upon him of a verified petition, the respondent, Albert Jairam Baldeo, shall serve an answer upon the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts and the Special Referee, appointed herein, and file the original answer with the Court; and it is further,

ORDERED that the issues raised by the petition and any answer thereto are referred to David I. Ferber, Esq., c/o Ferber Chan Essner & Coller, LLP, 530 Fifth Avenue, 23rd Floor, New York, N.Y. 10036, 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; and it is further,

ORDERED that on the Court's own motion, the hearing in the above-entitled is stayed pending the release of the respondent, Albert Jairam Baldeo, from Federal incarceration; and it is further,

ORDERED that the respondent, Albert Jairam Baldeo, shall immediately apprise this Court when he is released from Federal incarceration.

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

ENTER:

Aprilanne Agostino

Clerk of the Court