Appellate Division: Second Judicial Department

M267523

E/sl

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2019-03029 In the Matter of George A. Higginbotham, an attorney and counselor-at-law. Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, petitioner; George A. Higginbotham, respondent. (Attorney Registration No. 4268736)

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) and (c)(2) 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 November 30, 2018, the respondent was convicted, upon his plea of guilty, in the United States District Court for the District of Columbia, of conspiracy to make false statements to banks, in violation of 18 USC § 371, a felony. The respondent has not yet been sentenced and he does not oppose the branch of the motion seeking his interim suspension. 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 16, 2005.

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

ORDERED that the branch of the motion which is to suspend the respondent, George A. Higginbotham, from the practice of law based upon his conviction of a serious crime is granted; and it is further

ORDERED that, the respondent, George A. Higginbotham, 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, George A. Higginbotham, 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, George A. Higginbotham, 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, George A. Higginbotham, 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 for an order directing the respondent, George A. Higginbotham, to show cause why a final order of discipline should not be made based on his conviction of a serious crime is held in abeyance pending the respondent's sentencing in the United States District Court for the District of Columbia; and it is further,

ORDERED that the respondent, George A. Higginbotham, shall immediately apprise the Court upon being sentenced and simultaneously file with the Court a certified record of the judgment of conviction.

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

ENTER:

Aprilanne Agostino

Clerk of the Court