Appellate Division: Second Judicial Department

M269518

E/mb

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

MARK C. DILLON

CHERYL E. CHAMBERS

BETSY BARROS, JJ.

2019-10267 In the Matter of Anthony W. Cornachio, an attorney and counselor-at-law. Grievance Committee for the Tenth Judicial District, petitioner; Anthony W. Cornachio, respondent. (Attorney Registration No. 1231133)

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Tenth Judicial District (1) 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 (2) for an order directing him to show cause why a final order of discipline should not be imposed. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the First Judicial Department on February 14, 1972.

On September 27, 2018, the respondent was convicted, upon a plea of guilty, in the Supreme Court, Kings County, before the Honorable Danny Chun, to the crime of medical assistance provider; prohibited practices, in violation of Social Services Law § 366-d(2)(b)(i),(3), an unclassified misdemeanor. He was sentenced to an unconditional discharge, and agreed, inter alia, to fulfill his part of a civil order of settlement, which directed the respondent and others to pay restitution in the amount of $1,863,846.80.

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

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

ORDERED that the respondent, Anthony W. Cornachio, 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, Anthony W. Cornachio, 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, Anthony W. Cornachio, 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, Anthony W. Cornachio, 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, Anthony W. Cornachio, is directed to show cause at a hearing, pursuant to 22 NYCRR 1240.12(c)(2)(iv), 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; and it is further,

ORDERED that this matter is referred to the Honorable Anthony F. Marano, Supreme Court, Nassau County, 100 Supreme Court Drive, Mineola, NY 11501, as Special Referee, to hear and report, with the hearing to be conducted within 60 days of the date of this decision and order on motion or as soon thereafter as practicable, and to submit a 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, within 60 days after the conclusion of the hearing or the submission of post-hearing memoranda.

MASTRO, J.P., RIVERA, DILLON, CHAMBERS and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court