Appellate Division: Second Judicial Department

M270479

E/

ALAN SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

JOHN M. LEVENTHAL, JJ.

2019-06964 In the Matter of Edward A. Ambrosino, admitted as Edward Anthony Ambrosino, an attorney and counselor-at-law. Grievance Committee for the Tenth Judicial District, petitioner; Edward A. Ambrosino, respondent. (Attorney Registration No. 2371359)

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) to direct him to apprise this Court upon his sentencing and to simultaneously file a certified record of the judgment of conviction with this Court. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on December 5, 1990, under the name Edward Anthony Ambrosino.

On April 3, 2019, the respondent was convicted, upon a plea of guilty, in the United States District Court for the Eastern District of New York, before the Honorable Joanna Seybert, of the felony crime of attempt to evade or defeat tax, in violation of 26 USC § 7201. On November 15, 2019, the respondent was sentenced to six months imprisonment and three years supervised release, and was directed to pay a $100 special assessment, $700,000 in restitution to his former firm, and $33,000 in restitution to the Internal Revenue Service.

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, Edward A. Ambrosino, admitted as Edward Anthony Ambrosino, from the practice of law based upon his conviction of a serious crime is granted; and it is further,

ORDERED that the respondent, Edward A. Ambrosino, admitted as Edward Anthony Ambrosino, 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; it is further,

ORDERED that the respondent, Edward A. Ambrosino, admitted as Edward Anthony Ambrosino, 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, Edward A. Ambrosino, admitted as Edward Anthony Ambrosino, 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, Edward A. Ambrosino, admitted as Edward Anthony Ambrosino, 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); it is further,

ORDERED that the branch of the motion which is to direct the respondent, Edward A. Ambrosino, admitted as Edward Anthony Ambrosino, to apprise this Court upon his sentencing and to simultaneously file a certified record of the judgment of his conviction with this Court is denied as academic; and it is further,

ORDERED that on the Court's own motion, pursuant to 22 NYCRR 1240.12(c)(2)(i), the respondent, Edward A. Ambrosino, admitted as Edward Anthony Ambrosino, is directed to show cause at a hearing, pursuant to 22 NYCRR 1240.12(c)(2)(iv), before a 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 Sandra L. Sgroi, 320 Lake Avenue, St. James, New York 11780, 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 the report, which contains her 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., MASTRO, RIVERA, DILLON and LEVENTHAL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court