Appellate Division: Second Judicial Department

M204858

E/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

CHERYL E. CHAMBERS, JJ.

2013-06519 In the Matter of Steven Jay Stanwyck, a suspended attorney. Grievance Committee for the Ninth Judicial District, petitioner; Steven Jay Stanwyck, respondent. (Attorney Registration No. 2497667)

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Ninth Judicial District to vacate so much of a decision and order on motion of this Court dated January 5, 2015, as granted the respondent's application to hold this disciplinary proceeding pursuant to 22 NYCRR 691.3 in abeyance, to determine the respondent's fitness to practice law, and to resume the disciplinary proceeding. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on April 26, 1972. The Grievance Committee served the respondent with a notice pursuant to 22 NYCRR 691.3 to impose discipline on him based upon his disbarment by order of the Supreme Court of California dated and filed January 12, 2012. By decision and order on motion dated January 6, 2014, inter alia, this Court directed a hearing upon the respondent's demand pursuant to 22 NYCRR 691.3(d), and the Honorable Jerome Becker was appointed as Special Referee, to hear and report. Subsequently, the Special Referee filed a report dated August 8, 2014, the Grievance Committee moved, inter alia, to confirm the Special Referee's report, and the respondent made an application pursuant to 22 NYCRR 691.13(c)(1) to hold in abeyance the disciplinary proceeding, including the Grievance Committee's motion, on the ground that he was unable to adequately defend himself based upon a disability.

By decision and order on motion of this Court dated January 5, 2015, the respondent was immediately suspended from the practice of law pursuant to 22 NYCRR 691.13(c), and he was directed to expeditiously be examined by a qualified medical expert to be arranged by the Chief Counsel to the Grievance Committee within 30 days after the date of the order. Additionally, the application was granted, and the disciplinary proceeding, including the motion, inter alia, to confirm the Special Referee's report, was held in abeyance until further order of this Court. The respondent filed an affidavit of compliance with this Court on January 20, 2015.

The respondent failed to be examined by a qualified medical expert as directed by this Court. Instead, the respondent filed an application for reinstatement pursuant to 22 NYCRR 691.13(e)(1), supported by a letter from a psychologist. By decision and order on motion dated July 22, 2015, this Court denied the application, and directed that the respondent be expeditiously examined by a qualified medical expert to be arranged for by the Chief Counsel to the Grievance Committee within 30 days after the date of the order. The disciplinary proceeding against the respondent, including the motion, inter alia, to confirm the Special Referee's report, was continued to be held in abeyance until further order of this Court.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, and upon the report of Philip David Kanof, M.D., dated September 28, 2015, it is,

ORDERED that the motion is granted to the extent that so much of the decision and order on motion of this Court dated January 5, 2015, as suspended the respondent, Steven Jay Stanwyck, pursuant to 22 NYCRR 691.13(c) and held the disciplinary proceeding in abeyance is vacated forthwith, the respondent is reinstated to the practice of law, effective immediately, and the motion is otherwise denied; and it is further,

ORDERED that on the Court's own motion, the time of the respondent, Steven Jay Stanwyck, to serve and file papers in opposition or in relation to the Grievance Committee's motion to confirm the report of the Special Referee is extended until February 24, 2016.

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

ENTER:

Aprilanne Agostino

Clerk of the Court