Appellate Division: Second Judicial Department

M212312

E/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

CHERYL E. CHAMBERS, JJ.

2014-07485; 2015-06571 In the Matter of Richard B. Wolf, admitted as Richard Bruce Wolf, an attorney and counselor-at-law. Grievance Committee for the Ninth Judicial District, petitioner; Richard B. Wolf, respondent. (Attorney Registration No. 2148492)

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Ninth Judicial District (1) to renew its prior motion pursuant to 22 NYCRR 691.13(b)(1) to immediately suspend the respondent from the practice of law for an indefinite period and until further order of this Court based upon his incapacity due to a mental infirmity under Appellate Division Docket No. 2014-07485; (2) to hold in abeyance a disciplinary proceeding against the respondent under Appellate Division Docket No. 2015-06571; and (3) to authorize service of this decision and order on motion upon the respondent's attorney-in-fact, Marilyn Bernstein. By decision and order on motion of this Court dated December 5, 2014, the Grievance Committee's motion to determine the respondent's capacity to practice law was denied, with leave to renew upon proper papers, including the submission of appropriate supporting documentation. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 20, 1962, under the name Richard Bruce Wolf.

Upon the papers filed in support of the motion, including a recent medical evaluation, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to immediately suspend the respondent from the practice of law is granted, and pursuant to 22 NYCRR 691.13(b)(1) of the Rules Governing the Conduct of Attorneys, the respondent, Richard B. Wolf, admitted as Richard Bruce Wolf, is immediately suspended from the practice of law in the State of New York on the ground that he is incapacitated from continuing to practice law pursuant to 22 NYCRR 691.13, for an indefinite period and until the further order of this Court; and it is further,

ORDERED that on the Court's own motion, the disciplinary proceeding authorized by decision and order on motion of this Court dated December 29, 2015, under Appellate Division Docket No. 2015-06571, is discontinued; and it is further,

ORDERED that the branch of the motion which is to hold in abeyance the disciplinary proceeding under Appellate Division Docket No. 2015-06571 is denied as academic; and it is further,

ORDERED that the branch of the motion which is to authorize service of this decision and order on motion upon the respondent's attorney-in-fact, Marilyn Bernstein is granted, and the Grievance Committee for the Ninth Judicial District is authorized to serve a copy of this decision and order on motion of this Court upon Marilyn Bernstein, attorney-in-fact for the respondent, Richard B. Wolf, admitted as Richard Bruce Wolf; and it is further,

ORDERED that the respondent, Richard B. Wolf, admitted as Richard Bruce Wolf, 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, Richard B. Wolf, admitted as Richard Bruce Wolf, 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, Richard B. Wolf, admitted as Richard Bruce Wolf, 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 CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court