Appellate Division: Second Judicial Department

M264433

E/mm

ALAN D. SCHEINKMAN, P.J.

REINALDO E. RIVERA

RUTH C. BALKIN

CHERYL E. CHAMBERS

FRANCESCA E. CONNOLLY, JJ.

2018-14559 In the Matter of Martin E. Kofman, an attorney and counselor-at-law. Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, petitioner; Martin E. Kofman, respondent. (Attorney Registration No. 2097913)

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Second, Eleventh and Thirteenth Judicial Districts pursuant to Judiciary Law § 90(4)(f) and 22 NYCRR 1240.12(b)(2)(ii), to suspend the respondent from the practice of law based upon 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 based on his conviction of a serious crime. On August 9, 2017, in the United States District Court for the Southern District of New York, the respondent was convicted, upon his plea of guilty, of conspiracy to make false statements to lenders, in violation of 18 USC § 371, a felony. On April 10, 2018, the respondent was sentenced to two years of probation, and directed to pay a $500 fine, and a $100 special assessment. The respondent does not oppose the motion and, pursuant to 22 NYCRR 1240.12(c)(2)(iii), requests a hearing to present mitigating evidence. 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 14, 1987.

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

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

ORDERED that the respondent, Martin E. Kofman, is immediately suspended from the practice of law 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, Martin E. Kofman, 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, Martin E. Kofman, 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, Martin E. Kofman, 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, Martin E. Kofman, is directed to show cause at a hearing pursuant to 22 NYCRR 1240.12(c)(2)(iii) before the Special Referee, appointed herein, why a final order of suspension, censure, or disbarment should not be made based on his conviction of a serious crime as defined in Judiciary Law § 90(4)(d); and it is further,

ORDERED that this matter is referred to the Hon. Charles J. Thomas, 50 East 89th Street, #10-F, New York, NY 10128, as Special Referee, to hear and report, with the hearing to be completed within 60 days of the date of this decision and order on motion, or as soon thereafter as practicable, and the report, which contains his findings on any mitigating or aggravating factors, and a recommendation as to whether the respondent has demonstrated why a final order of public discipline should not be made, to be submitted within 60 days after the conclusion of the hearing or the submission of post-hearing memoranda.

SCHEINKMAN, P.J., RIVERA, BALKIN, CHAMBERS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court