Appellate Division: Second Judicial Department

M215370

E/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

JOHN M. LEVENTHAL, JJ.

2016-03859 In the Matter of Mark A. Bonilla, and attorney and counselor-at-law. Grievance Committee for the Tenth Judicial District, petitioner; Mark A. Bonilla, respondent. (Attorney Registration No. 2650067)

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 1, 1995.

By affirmation dated April 22, 2016, on notice to the respondent, the Grievance Committee for the Tenth Judicial District advised the Court that on July 25, 2013, the respondent was found guilty, following a nonjury trial, before the Honorable Sharon M. J. Gianelli, in District Court, Nassau County, of the crime of official misconduct, in violation of Penal Law §195.00(1), a class A misdemeanor. On October 7, 2013, he was sentenced to a one-year conditional discharge, fined $1,000, and directed to pay a surcharge of $225 and a crime victims assessment fee of $25.

Motion by the respondent to set aside his immediate suspension pursuant to Judiciary Law § 90 (4)(f) and for a hearing on the issue of an appropriate measure of discipline to impose.

Upon the affirmation dated April 22, 2016, the papers filed in support of the respondent's motion, and papers filed in relation to the respondent's motion, it is

ORDERED that on the Court's own motion, the respondent, Mark A. Bonilla, is immediately suspended from the practice of law pursuant to Judiciary Law § 90(4)(f) as a result of his conviction of a serious crime, continuing until further order of this Court; and it is further,

ORDERED that the branch of the respondent's motion which is to set aside his immediate suspension pursuant to Judiciary Law § 90(4)(f) is denied; and it is further,

ORDERED that the respondent, Mark A. Bonilla, shall promptly comply with this Court's rules governing the conduct of disbarred, suspended, and resigned attorneys (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, Mark A. Bonilla, 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 on the Court's own motion, the Grievance Committee for the Tenth Judicial District is hereby authorized to institute and prosecute a disciplinary proceeding in this Court, as petitioner, against the respondent, Mark A. Bonilla, based on his conviction of a serious crime; and it is further,

ORDERED that the branch of the respondent's motion which is for a hearing on the issue of an appropriate measure of discipline to impose is granted; and it is further,

ORDERED that Mitchell T. Borkowsky, Chief Counsel to the Grievance Committee for the Tenth Judicial District, 150 Motor Parkway, Suite 102, Hauppauge, New York 11788, is hereby appointed as attorney for the petitioner in such proceeding; and it is further,

ORDERED that the petitioner Grievance Committee shall serve upon the respondent, Mark A. Bonilla, and the Special Referee, appointed herein, and file with this Court a petition within 30 days after receipt of a copy of this decision and order on motion; and it is further,

ORDERED that the respondent, Mark A. Bonilla, shall serve an answer upon the petitioner and the Special Referee, appointed herein, and file the original answer with this Court within 20 days after service upon him of the petition; and it is further,

ORDERED that the issues raised by the petition and any answer thereto are referred to the Honorable Patrick A. Sweeney, 17 Greenknoll Court, Fort Salonga, New York 11768, as Special Referee, to hear and report, and to submit a report, which contains his findings on the issues, within 60 days after the conclusion of the hearing or the submission of post-hearing memoranda.

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

ENTER:

Aprilanne Agostino

Clerk of the Court