Appellate Division: Second Judicial Department

M222174

E/ct

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN

JOHN M. LEVENTHAL, JJ.

2016-07185 In the Matter of Kyle E. Norton, admitted as Kyle Eric Norton, and attorney and counselor-at-law. Grievance Committee for the Tenth Judicial District, petitioner; Kyle E. Norton, respondent. (Attorney Registration No. 4100756)

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 January 22, 2003, under the name Kyle Eric Norton.

By affirmation dated July 8, 2016, on notice to the respondent, the Grievance Committee for the Tenth Judicial District has advised the Court that on March 24, 2016, the respondent pleaded guilty before the Honorable Richard T. Dunne, in the District Court, Suffolk County, to the following crimes: (1) aggravated unlicensed operation of a motor vehicle in the third degree (two counts), in violation of Vehicle and Traffic Law § 511(1)(a), unclassified misdemeanors; (2) operation while registration or privilege is suspended or revoked, in violation of Vehicle and Traffic Law § 512, an unclassified misdemeanor; (3) operation of a motor vehicle under the influence of alcohol or drugs (two counts), in violation of Vehicle and Traffic Law § 1192(3), unclassified misdemeanors; (4) leaving the scene of an incident, personal injury (two counts), in violation of Vehicle and Traffic Law § 600(2)(a), misdemeanors; (5) criminal mischief in the fourth degree, in violation of Penal Law § 145.00(1), a class A misdemeanor; and (6) criminal possession of a controlled substance in the seventh degree, in violation of Penal Law § 220.03, a class A misdemeanor. The aforementioned convictions arose from multiple arrests on different dates in 2013.

As a result of the respondent's convictions, inter alia, he was sentenced to three years probation, his license was revoked, he was directed to place an interlock device on his vehicle, and he was directed to perform 420 hours of community service. In addition, the respondent was directed to pay various fines, surcharges, fees, and restitution, in varying amounts.

Upon the papers filed with this Court, the affirmation dated July 8, 2016, and an affirmation dated September 7, 2016, in response thereto, wherein the respondent concedes that his conviction for criminal possession of a controlled substance in the seventh degree is a serious crime conviction, it is

ORDERED that on the Court's own motion, the respondent, Kyle E. Norton, admitted as Kyle Eric Norton, is immediately suspended from the practice of law pursuant to Judiciary Law § 90(4)(f) and former 22 NYCRR 691.7(b), 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, Kyle E. Norton, admitted as Kyle Eric Norton, shall promptly comply with the rules governing the conduct of disbarred or 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, Kyle E. Norton, admitted as Kyle Eric Norton, 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, pursuant to 22 NYCRR 1240.12(c)(2)(i), the respondent, Kyle E. Norton, admitted as Kyle Eric Norton is directed to show cause at a hearing pursuant to 22 NYCRR 1240.12(c)(2)(iv), before a 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 conviction of multiple misdemeanor crimes; and it is further,

ORDERED that the matter is referred to the Honorable Michael F. Mullen, c/o Lamb & Barnosky, LLP, 534 Broadhollow Road, Suite 210, P.O. Box 9034, Melville, NY 11747-9034, as Special Referee, to hear and report, with the hearing to be conducted within 60 days of this decision and order on motion, or as soon practicable, 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., RIVERA, DILLON, BALKIN and LEVENTHAL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court