Appellate Division: Second Judicial Department

M260176

E/mm

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

JEFFREY A. COHEN, JJ.

2016-07347 In the Matter of Harry A. Cardillo, admitted as Harry Anthony Cardillo, a suspended attorney. Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, petitioner; Harry A. Cardillo, respondent. (Attorney Registration No. 2505956)

DECISION & ORDER ON MOTION

Motion by the respondent (1) to suspend an investigation by the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts into allegations of professional misconduct against him, (2) to discharge the Special Referee assigned to hear and report in this matter, (3) for leave to file a certain motion with this Court, in camera, and (4) to seal all proceedings in this matter. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on December 16, 1992, under the name Harry Anthony Cardillo. By decision and order on motion of this Court dated January 20, 2017, the respondent was immediately suspended from the practice of law pursuant to 22 NYCRR 1240.9(a), based upon uncontroverted evidence of professional misconduct, the Grievance Committee was authorized to institute and prosecute a disciplinary proceeding against the respondent based on a verified petition dated July 14, 2016, and the matter was referred to David I. Ferber, as Special Referee, to hear and report. By decision and order on motion of this Court dated May 9, 2017, the respondent's time to serve and file an answer was extended until May 21, 2018. By decision and order on motion dated April 20, 2018, this Court, inter alia, denied the Grievance Committee's motion seeking to disqualify the respondent's counsel from representing the respondent, denied that branch of respondent's cross motion which was to dismiss the proceeding, and granted that branch of the cross motion which was to direct the Grievance Committee to serve upon respondent and file with this Court a statement of disputed facts. Additionally, the respondent was directed to file his answer with the Court within 10 days of that decision and order on motion. The respondent filed an answer with the Court on May 3, 2018.

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

ORDERED that the motion is denied.

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

ENTER:

Aprilanne Agostino

Clerk of the Court