Appellate Division: Second Judicial Department

M256666

E/rr

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2016-00374 In the Matter of Nicholas A. Pellegrini, a suspended attorney. Grievance Committee for the Tenth Judicial District, petitioner; Nicholas A. Pellegrini, respondent. (Attorney Registration No. 2243962)

ORDER TO SHOW CAUSE

On the Court's own motion, it is

ORDERED that the order to show cause of this Court dated October 17, 2018, in the above-entitled case is recalled and vacated, and the following order to show cause is substituted therefor:

The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 22, 1989. By opinion and order of this Court dated April 3, 2012 (Matter of Pellegrini, 95 AD3d 179), the respondent was suspended from the practice of law for a period of two years, commencing May 3, 2012, in a prior disciplinary proceeding, under Appellate Division Docket No. 2010-03357, and he never moved for reinstatement. By decision and order on motion of this Court dated March 31, 2016, under Appellate Division Docket No. 2016-00374, the respondent's suspension was continued based on his conviction of a serious crime, and he was directed to apprise the Court upon being sentenced for this offense. On August 30, 2018, the respondent was sentenced on his conviction of conspiracy to commit bank fraud pursuant to 18 USC § 1349 and 1344, as reflected in a judgment in a criminal case of the United States District Court for the Eastern District of New York.

Upon the papers filed with the Court, it is

ORDERED that pursuant to 22 NYCRR 1240.12(c)(2)(i), the respondent, Nicholas A. Pellegrini, is directed to show cause why a final order of suspension, censure, or disbarment should not be made based on his conviction of a serious crime, by filing an affidavit with the Clerk of this Court, with proof of service upon the Grievance Committee for the Tenth Judicial District, on or before November 26, 2018; and it is further,

ORDERED the Grievance Committee for the Tenth Judicial District shall serve a response to the order to show cause and the papers filed by the respondent, Nicholas A. Pellegrini, if any, on or before December 10, 2018; and it is further,

ORDERED that the Clerk of this Court, or her designee, shall serve a copy of this order to show cause and the papers upon which it is based on the Grievance Committee for the Tenth Judicial District, by regular mail; and it is further

ORDERED that the Grievance Committee for the Tenth Judicial District shall serve the respondent, Nicholas A. Pellegrini, with a copy of this order to show cause and the papers upon which it is based pursuant to CPLR 2103(c) and file proof of service with this Court on or before November 1, 2018.

SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court