Appellate Division: Second Judicial Department

M268307

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ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2019-06945 In the Matter of Rajesh Maddiwar, an attorney and counselor-at-law. Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, petitioner; Rajesh Maddiwar, respondent. (Attorney Registration No. 2913150)

ORDER TO SHOW CAUSE

On the Court's own motion, it is

ORDERED that the order to show cause of this Court dated December 12, 2019, in

the above-entitled case is recalled and vacated, and the following order to show cause is substituted therefor:

Motion by the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts (1) pursuant to Judiciary Law § 90(4)(f) to suspend the respondent from the practice of law based on his conviction of a serious crime, and (2) to direct the respondent to immediately apprise the Court upon being sentenced and to simultaneously file with the Court a certified record of the judgment of such conviction. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on November 4, 1998.

On June 27, 2018, the respondent was convicted, in the United States District Court for the Southern District of New York, following a jury trial, of conspiracy to commit wire fraud and bank fraud, in violation of 18 USC § 1349. On July 19, 2019, the respondent was sentenced to 60 months imprisonment and three years of supervised release, and was directed to pay a $100 special assessment fee and restitution in an amount to be determined. On August 19, 2019, the respondent advised the Court of his sentencing and filed a copy of the judgment of conviction.

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

ORDERED that the branch of the motion which is to suspend the respondent, Rajesh Maddiwar, from the practice of law, pursuant to Judiciary Law § 90(4)(f), based on his conviction of a serious crime as defined in Judiciary Law § 90(4)(d) is granted, and the respondent is immediately suspended from the practice of law, pursuant to Judiciary Law § 90(4)(f), as a result of his conviction of a serious crime, continuing until further order of this Court; it is further,

ORDERED that the respondent, Rajesh Maddiwar, 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, Rajesh Maddiwar, 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, Rajesh Maddiwar, 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, Rajesh Maddiwar, 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 this Court, with proof of service upon the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, on or before February 5, 2020; and it is further,

ORDERED that the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts shall serve a response to the papers filed by the respondent, Rajesh Maddiwar, if any, on or before February 19, 2020; 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 Second, Eleventh, and Thirteenth Judicial Districts, by regular mail; and it is further,

ORDERED that the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts shall serve the respondent, Rajesh Maddiwar, 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 January 6, 2020; and it is further,

ORDERED that the motion is otherwise denied as academic.

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

ENTER:

Aprilanne Agostino

Clerk of the Court