Appellate Division: Second Judicial Department

M224910

E/ct

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN

JOHN M. LEVENTHAL, JJ.

2016-06772 In the Matter of David Scott Klarman, and attorney and counselor-at-law. Grievance Committee for the Tenth Judicial District, petitioner; David Scott Klarman, respondent. (Attorney Registration No. 2374593)

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Tenth Judicial District to strike the respondent's name from the roll of attorneys and counselors-at-law based on his conviction of a felony, specifically, mail fraud, in violation of 18 USC § 1341. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on January 30, 1991.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that on the Court's own motion, the respondent, David Scott Klarman, 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 respondent, David Scott Klarman, shall promptly comply with the rules governing the conduct of disbarred and suspended attorneys (see 22 NYCRR 1240.15); 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, David Scott Klarman, 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 pursuant to 22 NYCRR 1240.12(c)(2)(i), on the Court's own motion, the respondent, David Scott Klarman, is directed to show cause at a hearing pursuant to 22 NYCRR 1240.12(c)(2)(iv) before the Special Referee, appointed herein, why a final order of suspension, censure or disbarment should not be made, based on his conviction of a serious crime; and it is further,

ORDERED that this matter is referred to the Honorable Elaine Jackson Stack, c/o Barket Marion Epstein & Kearn, LLP, 666 Old Country Road, Suite 700, Garden City, NY 11530, as Special Referee, to hear and report, and to submit a report, which contains her findings on the issues, within 60 days after the conclusion of the hearing or the submission of post-hearing memoranda.

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

ENTER:

Aprilanne Agostino

Clerk of the Court