Appellate Division: Second Judicial Department

M264660

E/mm

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

SHERI S. ROMAN, JJ.

2019-02627 In the Matter of Kelly Douglas Talcott, an attorney and counselor-at-law. Grievance Committee for the Tenth Judicial District, petitioner; Kelly Douglas Talcott, respondent. (Attorney Registration No. 2256097)

ORDER TO SHOW CAUSE

Motion by the Grievance Committee for the Tenth Judicial District pursuant to Judiciary Law § 90(4)(f) and 22 NYCRR 1240.12(b)(2) and (c)(2)(ii), to suspend the respondent from the practice of law based on his conviction of a serious crime, and pursuant to 22 NYCRR 1240.12(c)(2)(i), for an order directing him to show cause why a final order of discipline should not be made. On September 16, 2010, in County Court, Nassau County, the respondent was convicted of criminal tax fraud in the fifth degree, in violation of New York Tax Law § 1802, a class A misdemeanor, sentenced to a one-year conditional discharge, and directed to pay $98,470 in restitution and a $5,000 fine, which was paid. 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 1, 1989.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, and it is further,

ORDERED that the respondent, Kelly Douglas Talcott, is immediately suspended from the practice of law in the State of New York, pursuant to Judiciary Law § 90(4)(f) and 22 NYCRR 1240.12(c)(2)(ii), as a result of his conviction of a serious crime, continuing until further order of this Court; and it is further,

ORDERED that the respondent, Kelly Douglas Talcott, 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, Kelly Douglas Talcott, 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, Kelly Douglas Talcott, 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 pursuant to 22 NYCRR 1240.12(c)(2)(i), the respondent, Kelly Douglas Talcott, 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 the Court, with proof of service upon the Grievance Committee for the Tenth Judicial District, on or before September 18, 2019; and it is further,

ORDERED that the Grievance Committee for the Tenth Judicial District shall serve a response to the papers filed by the respondent, Kelly Douglas Talcott, if any, on or before October 3, 2019; and it is further,

ORDERED that the Clerk of the 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, Kelly Douglas Talcott, 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 August 19, 2019.

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

ENTER:

Aprilanne Agostino

Clerk of the Court