Appellate Division: Second Judicial Department

M228447

E/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

CHERYL E. CHAMBERS, JJ.

2016-11652 In the Matter of Sam Z. Shore, and attorney and counselor-at-law. Grievance Committee for the Tenth Judicial District, petitioner; Sam Z. Shore, respondent. (Attorney Registration No. 2493906)

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Tenth Judicial District, (1) pursuant to Judiciary Law § 90(4)(f) and 22 NYCRR 1240.12(b)(2) and (c)(2)(ii) to suspend the respondent from the practice of law based on his conviction of serious crimes, and (2) pursuant to 22 NYCRR 1240.12(c)(2)(i) to direct the respondent to show cause why a final order of discipline should not be made. Cross motion by the respondent to vacate any suspension imposed upon him, and pursuant to 22 NYCRR 1240.12(c)(2)(iii) for a hearing. The respondent was admitted to the Bar as an attorney and counselor-at-law at a term of the Appellate Division of the Supreme Court in the First Judicial Department on June 22, 1992.

On April 29, 2014, as amended March 11, 2016, the respondent pleaded guilty, in the Supreme Court, Suffolk County (Hon. Martin I. Efman), to eleven counts of criminal facilitation in the fourth degree, in violation of Penal Law § 115.00, a class A misdemeanor, and six counts of petit larceny, in violation of Penal Law § 155.25, a class A misdemeanor. On March 11, 2016, the respondent was sentenced to probation for a period of three years on each count, to run concurrently, and directed to perform 420 hours of community service, as well as pay a $50 DNA fee. In addition, the respondent agreed to make restitution in the sum of approximately $200,000, and pay a forfeiture to the District Attorney in the sum of $4,000.

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

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

ORDERED that the cross motion is granted to the extent that this matter is referred for a hearing and is otherwise denied; and it is further,

ORDERED that the respondent, Sam Z. Shore, is immediately suspended from the practice of law, pursuant to Judiciary Law § 90(4)(f) and 22 NYCRR 1240.12(c)(2)(ii), as a result of his conviction of serious crimes, continuing until further order of this Court; and it is further,

ORDERED that the respondent, Sam Z. Shore, shall promptly comply with this Court's 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, Sam Z. Shore, 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) and (iii), the respondent, Sam Z. Shore, is directed to show cause at a hearing before the Special Referee, appointed herein, why a final order of suspension, censure, or disbarment should not be made based on his conviction of multiple serious crimes; and it is further,

ORDERED that this matter is referred to the Honorable John Kase, 319 Trotting Lane, Westbury, NY 11590, 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., MASTRO, RIVERA, DILLON and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court