Appellate Division: Second Judicial Department

M256687

E/mm

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2018-00058 In the Matter of Michael E. Herskowitz, admitted as Michael Elliot Herskowitz, an attorney and counselor-at-law. Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, petitioner; Michael E. Herskowitz, respondent. (Attorney Registration No. 4276903)

DECISION & ORDER ON MOTION

Motion by the respondent (1) to vacate the decision and order of this Court dated May 14, 2018, as amended May 16, 2018, suspending him from the practice of law based on his conviction of a serious crime, and (2) to remand this matter back to the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts for further proceedings. 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 12, 2005, under the name Michael Elliot Herskowitz. By decision and order on motion of this Court dated May 14, 2018, as amended May 16, 2018, the respondent was immediately suspended from the practice of law, based on his conviction, upon his plea of guilty, on August 11, 2017, in the Supreme Court, Queens County, of conspiracy in the sixth degree, in violation of Penal Law § 105.00, a class B misdemeanor, and he was directed to promptly apprise the Court upon being sentenced.

In support of the motion, the respondent advised the Court that on June 22, 2018, his conviction for conspiracy in the sixth degree was vacated, and he was convicted of disorderly conduct, in violation of Penal Law § 270.00, a violation, upon his plea of guilty, in satisfaction of all charges in the indictment. By decision and order on motion of this Court dated July 12, 2018, enforcement of the decision and order on motion dated May 14, 2018, as amended May 16, 2018, was stayed pending determination of the motion.

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

ORDERED that the motion is granted to the extent that the decisions and orders on motion of this Court dated May 14, 2018, are recalled and vacated, and the motion is otherwise denied; and it is further,

ORDERED that on the Court's own motion, the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts is hereby authorized to institute and prosecute a proceeding in this Court, as the petitioner, against Michael E. Herskowitz, admitted as Michael Elliot Herskowitz, based on the respondent's conviction of disorderly conduct; and it is further,

ORDERED that within 30 days of the date of this decision and order on motion the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts shall, pursuant to 22 NYCRR 1240.8, serve the respondent with a notice of petition and petition, and file the original notice of petition and petition with the Clerk of this Court, together with proof of service.

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

ENTER:

Aprilanne Agostino

Clerk of the Court