Appellate Division: Second Judicial Department

M197187

E/ct

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN

L. PRISCILLA HALL, JJ.

2015-04148 In the Matter of Robert C. Fishman, an attorney and counselor-at-law. Grievance Committee for the Ninth Judicial District, petitioner; Robert C. Fishman, respondent. (Attorney Registration No. 1760362)

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Ninth Judicial District to strike the respondent's name from the roll of attorneys and counselors-at-law, pursuant to Judiciary Law § 90 (4)(b), based upon his conviction of a felony in the State of California. 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 1, 1980.

On December 19, 2008, the respondent appeared in the Superior Court of California, County of Los Angeles, before the Honorable Patricia J. Titus, and entered a plea of nolo contendere to two felony counts of possession of child pornography in violation of California Penal Code § 311.11(a), and was found guilty. On March 13, 2009, the respondent was sentenced in the Superior Court of California, County of Los Angeles, by the Honorable Monica Bachner, inter alia, to a prison term of three years and eight months. On that date, the Court suspended imposition of sentence and the respondent was placed on probation for a period of five years, with 90 days in the County Jail or electronic monitoring in lieu of jail. The respondent was further directed to complete an approved 52-week sex offender counseling program, attend a narcotics anonymous meeting twice a week for six months, refrain from using the internet, except for employment purposes, register as a sex offender, and pay fines totaling $750.

The Grievance Committee avers, upon information and belief, that the respondent failed to report his conviction to this Court, as required by Judiciary Law § 90(4)(c).

The Grievance Committee now moves to strike the respondent's name from the roll of attorneys and counselors-at-law pursuant to Judiciary Law § 90(4)(b) based upon his felony conviction. The respondent has neither opposed the motion nor submitted any papers in response, although the motion was served upon him.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation 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 Ninth Judicial District is hereby authorized to institute and prosecute a disciplinary proceeding in this Court against Robert C. Fishman based on his conviction of a serious crime; and it is further,

ORDERED that Gary L. Casella, Chief Counsel, Grievance Committee for the Ninth Judicial District, Crosswest Office Center, 399 Knollwood Road, Suite 200, White Plains, N.Y. 10603, 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 Ninth Judicial District shall serve upon the respondent, Robert C. Fishman, 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 the verified petition, the respondent, Robert C. Fishman, shall serve an answer upon the Grievance Committee and the Special Referee, appointed herein, and file the original answer with this Court; and it is further,

ORDERED that the issues raised by the petition and any answer thereto are referred to Honorable John M. Perone, 210 Boston Post Road, Larchmont, N.Y. 10538, 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 if the respondent, Robert C. Fishman, 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).

ENG, P.J., RIVERA, DILLON, BALKIN and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court