Appellate Division: Second Judicial Department

M208955

E/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

L. PRISCILLA HALL, JJ.

2016-00374 In the Matter of Nicholas A. Pellegrini, a suspended attorney. Grievance Committee for the Tenth Judicial District, petitioner; Nicholas A. Pellegrini, respondent. (Attorney Registration No. 2243962)

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 March 22, 1989. By opinion and order of this Court dated April 3, 2012 (Matter of Pellegrini, 95 AD3d 179), the respondent was suspended from the practice of law for a period of two years, commencing May 3, 2012, in a prior disciplinary proceeding, under Appellate Division Docket No. 2010-03357. The respondent remains suspended.

By affirmation dated January 4, 2016, on notice to the respondent, the Grievance Committee for the Tenth Judicial District advised the Court that on October 2, 2015, the respondent pleaded guilty in the United States District Court for the Eastern District of New York (Steven I. Locke, J.), to conspiracy to commit bank fraud, a felony. The respondent has not yet been sentenced.

Upon the papers filed with the Court, it is

ORDERED that on the Court's own motion, the respondent, Nicholas A. Pellegrini, shall continue to be suspended pursuant to Judiciary Law § 90(4)(f) as a result of his conviction of a serious crime, and continuing until further order of this Court; and it is further,

ORDERED that the respondent, Nicholas A. Pellegrini, shall continue to 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, Nicholas A. Pellegrini, is commanded to continue 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 the respondent, Nicholas A. Pellegrini, is directed to immediately apprise the Court upon being sentenced for the aforementioned offense (see Matter of Delany, 87 NY2d 508).

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

ENTER:

Aprilanne Agostino

Clerk of the Court