Appellate Division: Second Judicial Department

M229416

E/jr

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

ROBERT J. MILLER, JJ.

2016-12862 In the Matter of Fredric H. Aaron, admitted as Fredric Harlan Aaron, an attorney and counselor-at-law. Grievance Committee for the Tenth Judicial District, petitioner; Fredric H. Aaron, respondent. (Attorney Registration No. 2307544)

ORDER TO SHOW CAUSE

Motion by the Grievance Committee for the Tenth Judicial District (1) to suspend the respondent from the practice of law, pursuant to Judiciary Law § 90(4)(f), based on his conviction of a serious crime as defined in Judiciary Law § 90(4)(d); and (2) to direct the respondent to notify this Court when he is sentenced, and file with this Court a certified copy of the judgment of conviction. 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 7, 1990, under the name Fredric Harlan Aaron.

The respondent pleaded guilty to accessory after the fact, in violation of 18 USC § 3, a federal felony, in the United States District Court for the Eastern District of New York, before United States Magistrate Gary R. Brown, on October 14, 2016. The plea of guilty was accepted by order of the United States District Court for the Eastern District of New York dated October 17, 2016 (Hon. Arthur D. Spatt). The respondent was sentenced on March 31, 2017, to a term of imprisonment of a period of 14 months and a term of supervised release for a period of one year thereafter, and directed to pay restitution in the amount of $456,000, and a mandatory special assessment fee in the amount of $100. By letter dated April 11, 2017, the respondent advised the Court of his sentencing and on April 14, 2017, the respondent filed a copy of the judgment of conviction.

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

ORDERED that the branch of the motion which is to suspend the respondent from the practice of law, pursuant to Judiciary Law § 90(4)(f), based on his conviction of a serious crime as defined in Judiciary Law § 90(4)(d) is granted, and the respondent, Fredric H. Aaron, admitted as Fredric Harlan Aaron, 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 the Court; and it is further,

ORDERED that the respondent, Fredric H. Aaron, admitted as Fredric Harlan Aaron, 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, Fredric H. Aaron, admitted as Fredric Harlan Aaron, 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, Fredric H. Aaron, admitted as Fredric Harlan Aaron, 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 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 County Road, Suite 700, Garden City, NY 11530, as Special Referee, to hear and report, and to submit a 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 her findings on the issues, within 60 days after the conclusion of the hearing or the submission of post-hearing memoranda; and it is further,

ORDERED that the motion is otherwise denied as academic.

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

ENTER:

Aprilanne Agostino

Clerk of the Court