Appellate Division: Second Judicial Department

M199892

E/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

SANDRA L. SGROI, JJ.

2015-05700 In the Matter of Howard F. Angione, an attorney and counselor-at-law. Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, petitioner; Howard F. Angione, respondent. (Attorney Registration No. 2324150)

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts pursuant to 22 NYCRR 691.13(b)(1), for such action as the Court deems necessary or proper to determine whether the respondent is incapacitated from continuing to practice law by reason of mental infirmity or illness, including a direction that the respondent be examined by a qualified medical expert, and for such other relief as the Court may deem just and equitable. In view of the medical evidence submitted with the motion, which establishes the respondent's incapacity under 22 NYCRR 691.13(b), the respondent consents to the relief sought by the Grievance Committee without the need for an examination by a medical expert. Application by the respondent to seal Exhibits 3, 4, and 5 annexed to the affirmation filed by the Grievance Committee in support of the 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 March 28, 1990.

Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that, upon the consent of the respondent, the motion is granted to the extent that pursuant to 22 NYCRR 691.13(b)(1) of the Rules Governing the Conduct of Attorneys, the respondent, Howard F. Angione, is immediately suspended from the practice of law in the State of New York for an indefinite period and until the further order of this Court and the motion is otherwise denied; and it is further,

ORDERED that the application is granted, and Exhibits 3, 4, and 5 annexed to the affirmation filed in support of the motion are deemed filed under seal and shall remain sealed; and it is further,

ORDERED that the respondent, Howard F. Angione, 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 the further order of this Court, the respondent, Howard F. Angione, 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 if the respondent, Howard F. Angione, 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., MASTRO, RIVERA, DILLON and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court