Appellate Division: Second Judicial Department

M203257

E/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

L. PRISCILLA HALL, JJ.

2015-04148 In the Matter of Robert C. Fishman, a suspended attorney. 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 for leave to renew and/or reargue its prior motion to strike the respondent's name from the roll of attorneys and counselors-at-law pursuant to Judiciary Law § 90(4)(b), which was determined by a decision and order of this Court dated August 28, 2015, or, in the alternative, for leave to file a proceeding pursuant to 22 NYCRR 691.3, based upon the respondent's disbarment 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, in the Superior Court of California, County of Los Angeles, the respondent 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. By decision and order on motion of this Court dated August 28, 2015, the Grievance Committee's motion 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 California felony conviction was denied. Additionally, on the Court's own motion, the respondent was 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 the Grievance Committee was authorized to institute and prosecute a disciplinary proceeding in this Court against the respondent based on his conviction of a serious crime. A verified petition, dated September 29, 2015, was served upon the respondent, and filed with this Court.

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 branch of the motion which is for leave to renew and/or reargue is denied; and it is further,

ORDERED that the branch of the motion which is for leave to file a proceeding pursuant to 22 NYCRR 691.3, based upon the respondent's disbarment in the State of California is granted, and on or before January 19, 2016, the Grievance Committee for the Ninth Judicial District shall file with this Court, on notice to the respondent, a notice pursuant to 22 NYCRR 691.3, based upon the respondent's disbarment in the State of California; and it is further,

ORDERED that on the Court's own motion, the disciplinary proceeding against the respondent previously authorized by the decision and order on motion dated August 28, 2015, is held in abeyance until further order of this Court.

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

ENTER:

Aprilanne Agostino

Clerk of the Court