Appellate Division: Second Judicial Department

M215698

E/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

JOSEPH J. MALTESE, JJ.

2016-03262 In the Matter of Kyle Thomas Lynch, an attorney and counselor-at-law. Grievance Committee for the Ninth Judicial District, petitioner; Kyle Thomas Lynch, respondent. (Attorney Registration No. 4183125)

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Ninth Judicial District pursuant to 22 NYCRR 691.13(b)(1), to suspend the respondent indefinitely from the practice of law and until further order of this Court, based upon his admitted incapacitation due to mental infirmity or illness. In support of the motion, the Grievance Committee has submitted medical records provided by the respondent's counsel, which, upon review, establish the respondent's incapacity under 22 NYCRR 691.13(b), without the need for an examination by a medical expert. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on February 25, 2004.

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 motion is granted, and pursuant to 22 NYCRR 691.13(b)(1), the respondent, Kyle Thomas Lynch, is immediately suspended from the practice of law in the State of New York for an indefinite period and until the further order of this Court; and it is further,

ORDERED that the respondent, Kyle Thomas Lynch, 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, Kyle Thomas Lynch, 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, Kyle Thomas Lynch, 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 MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court