Appellate Division: Second Judicial Department

M263763

E/mm

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2017-06272 In the Matter of Richard M. Blank, admitted as Richard Mark Blank, an attorney and counselor-at-law. Grievance Committee for the Ninth Judicial District, petitioner; Richard M. Blank, respondent. (Attorney Registration No. 2651065)

DECISION & ORDER ON MOTION

Renewed motion by the respondent for diversion to a monitoring program pursuant to 22 NYCRR 1240.11(a). Separate motion by the respondent, pursuant to 22 NYCRR 1240.14(b), for a determination that he is incapacitated from practicing law by reason of a medical condition, to stay the pending disciplinary proceeding, and to omit certain language from the order determining this motion. 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 8, 1995, under the name Richard Mark Blank. The Grievance Committee for the Ninth Judicial District commenced this disciplinary proceeding by the service and filing of a notice of petition dated June 14, 2017, and a verified petition dated June 7, 2017.

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

ORDERED that the motion for diversion to a monitoring program is denied; and it is further,

ORDERED that the branches of the motion which are pursuant to 22 NYCRR 1240.14(b), for a determination that the respondent, Richard M. Blank, admitted as Richard Mark Blank, is incapacitated from practicing law by reason of a medical condition, and to stay the pending disciplinary proceeding are granted; and it is further,

ORDERED that the respondent, Richard M. Blank, admitted as Richard Mark Blank, is immediately suspended from the practice of law pursuant to 22 NYCRR 1240.14(b) on the ground that he is incapacitated from practicing law by reason of a medical condition, for an indefinite period of time and until further order of this Court; and it is further,

ORDERED that the disciplinary proceeding commenced, pursuant to 22 NYCRR 1240.8, by the Grievance Committee for the Ninth Judicial District based on the allegations of professional misconduct set forth in the verified petition dated June 7, 2017, is held in abeyance in the interim; and it is further,

ORDERED that the respondent, Richard M. Blank, admitted as Richard Mark Blank, shall promptly comply with this Court's rules governing the conduct of disbarred and 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, Richard M. Blank, admitted as Richard Mark Blank, 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 if the respondent, Richard M. Blank, admitted as Richard Mark Blank, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency and the respondent shall certify to the same in his affidavit of compliance pursuant to 22 NYCRR 1240.15(f); and it is further,

ORDERED that the branch of the motion which is to omit certain language from this order is denied.

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

ENTER:

Aprilanne Agostino

Clerk of the Court