Appellate Division: Second Judicial Department

M198413

E/ct

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN

SANDRA L. SGROI, JJ.

2015-01784 In the Matter of Michael Gerard Grimm, an attorney and counselor-at-law. Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, petitioner; Michael Gerard Grimm, respondent. (Attorney Registration No. 4061974)

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 on October 23, 2002.

By affirmation dated March 6, 2015, on notice to the respondent, the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts notified the Court that, on December 23, 2014, the respondent pleaded guilty in the United States District Court for the Eastern District of New York to aiding and assisting in the preparation of false and fraudulent tax returns, in violation of 26 USC § 7206(2). On July 17, 2015, the respondent was sentenced to a term of imprisonment of eight months, with one year of supervised release, and was directed to complete 200 hours of community service, and pay taxes owed and a $100 assessment.

Upon the papers filed by the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts and the papers filed in response thereto, it is

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

ORDERED that the respondent, Michael Gerard Grimm, shall promptly 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, Michael Gerard Grimm, is commanded 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 on the Court's own motion, the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts is hereby authorized to institute and prosecute a disciplinary proceeding in this Court, as petitioner, against the respondent, Michael Gerard Grimm, based on his conviction of a serious crime; and it is further,

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

ORDERED that the petitioner Grievance Committee shall serve upon the respondent, Michael Gerard Grimm, and the Special Referee, appointed herein, and file with this Court a petition within 30 days after receipt of a copy of this decision and order on motion; and it is further,

ORDERED that the respondent, Michael Gerard Grimm, shall serve an answer upon the petitioner and the Special Referee, appointed herein, and file the original answer with this Court within 20 days after service upon him of the petition; and it is further,

ORDERED that the issues raised by the petition and any answer thereto are referred to the Honorable Abraham Gerges, 31 Elizabeth Lane, P.O. Box 5025, Quogue, N.Y. 11959, 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 is stayed pending the respondent's release from Federal incarceration; and it is further,

ORDERED that the respondent, Michael Gerard Grimm shall immediately apprise this Court when he is released from Federal incarceration; and it is further,

ORDERED that if the respondent, Michael Gerard Grimm, 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 SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court