Appellate Division: Second Judicial Department M268529

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ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

FRANCESCA CONNOLLY, JJ.

2019-06189 In the Matter of Lydia C. Agu, admitted as Lydia Hills, an attorney and counselor-at-law. Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, petitioner; Lydia C. Agu, respondent. (Attorney Registration No. 4959524)

ORDER TO SHOW CAUSE

Motion by the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts (1) 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 on her conviction of a serious crime, and (2) to direct the respondent to immediately apprise the Court upon being sentenced and simultaneously file with the Court a certified record of the judgment of such conviction. By letter dated November 14, 2019, the Grievance Committee advised the Court that the respondent was sentenced and provided a copy of the judgment of 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 September 14, 2011, under the name Lydia Hills.

On March 20, 2019, the respondent was convicted, in the United States District Court for the Eastern District of New York, following a jury trial, of the federal felonies of conspiracy to obstruct an official proceeding, 18 USC § 1512(c)(2) and (k), and obstruction of an official proceeding, 18 USC § 1512(c)(2). On November 8, 2019, the respondent was sentenced to a term of four years probation on each count, fined $25,000, assessed a $200 fee, and directed to perform 250 hours of community service.

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, Lydia C. Agu, admitted as Lydia Hills, from the practice of law, based on her conviction of a serious crime is granted, and the respondent, Lydia C. Agu, admitted as Lydia Hills, is immediately suspended from the practice of law, pursuant to Judiciary Law § 90(4)(f) and 22 NYCRR 1240.12(c)(2), as a result of her conviction of a serious crime, continuing until further order of this Court; it is further,

ORDERED that the respondent, Lydia C. Agu, admitted as Lydia Hills, 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, Lydia C. Agu, admitted as Lydia Hills, 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 herself out in any way as an attorney and counselor-at-law; and it is further,

ORDERED that if the respondent, Lydia C. Agu, admitted as Lydia Hills, 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 her 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, Lydia C. Agu, admitted as Lydia Hills, is directed to show cause why a final order of suspension, censure, or disbarment should not be made based on her 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 20, 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, Lydia C. Agu, admitted as Lydia Hills, if any, on or before March 5, 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, Lydia C. Agu, admitted as Lydia Hills, with a copy of this order to show cause and the papers on which it is based pursuant to CPLR 2103(c) and file proof of service with this Court on or before January 21, 2020; and it is further,

ORDERED that the motion is otherwise denied as academic.

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

ENTER:

Aprilanne Agostino

Clerk of the Court