Appellate Division: Second Judicial Department

M194947

E/ct

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

JEFFREY A. COHEN, JJ.

2013-06312 In the Matter of Diane B. Groom, admitted as Diane Barbara Groom, a suspended attorney. Grievance Committee for the Tenth Judicial District, petitioner; Diane B. Groom, respondent. (Attorney Registration No. 2966885)

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, under the name Diane Barbara Groom. By decision and order of this Court dated November 7, 2013, this Court accepted the respondent's voluntary resignation and removed her name from the roll of attorneys and counselors-at-law. By decision and order on motion of this Court dated November 24, 2014, this Court recalled and vacated the decision and order of this Court dated November 7, 2013, immediately suspended the respondent from the practice of law pursuant to Judiciary Law § 90(4)(f) as a result of her conviction of a serious crime, authorized the Grievance Committee for the Tenth Judicial District to institute and prosecute a disciplinary proceeding against the respondent based on a petition dated March 12, 2014, and referred the matter to the Honorable Charles A. Thomas. Additionally, this Court, in determining the respondent's application pursuant to 22 NYCRR 691.13(c), directed that the respondent be expeditiously examined by a medical expert within 30 days of the decision and order on motion dated November 24, 2014, to determine whether the respondent was incapacitated as claimed, and held in abeyance the disciplinary proceeding pending receipt of the medical expert's report.

The Court has received the report of N.G. Berill, Ph.D., a forensic psychologist, dated March 20, 2015. On April 17, 2015, the respondent filed a verified answer to the petition dated March 12, 2014.

Upon the report of N.G. Berill, Ph.D. dated March 20, 2015, and the respondent's answer to the petition, it is

ORDERED that so much of the decision and order on motion dated November 24, 2014, as held in abeyance the disciplinary proceeding is vacated forthwith, and the disciplinary proceeding authorized by the decision and order on motion of this Court dated November 24, 2014, shall proceed; and it is further,

ORDERED that the respondent's suspension pursuant to decision and order of this Court dated November 24, 2014, is continued.

ENG, P.J., RIVERA, SKELOS, DILLON and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court