Appellate Division: Second Judicial Department

M271220

E/

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

CHERYL E. CHAMBERS, JJ.

2019-12691 In the Matter of Anthony V. Merrill, admitted as Anthony Vincent Merrill, an attorney and counselor-at-law. Grievance Committee for the Ninth Judicial District, petitioner; Anthony V. Merrill, respondent. (Attorney Registration No. 5402607)

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Ninth Judicial District, pursuant to Judiciary Law § 90(4)(f), to suspend the respondent from the practice of law based on his conviction of a serious crime as defined in Judiciary Law § 90(4)(d), 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. Separate motion by the respondent pursuant to 22 NYCRR 1240.11(a) for diversion to a monitoring program approved by the Court and to stay the above-entitled disciplinary proceeding pending his completion of the diversion program and/or resolution of a pending criminal action against him. 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 10, 2016, under the name Anthony Vincent Merrill.

On April 23, 2019, in the County Court, Suffolk County, before the Honorable Stephen Braslow, the respondent was convicted, upon a plea of guilty, of identity theft in the third degree, in violation of Penal Law § 190.78(1), a class A misdemeanor.

Upon the papers filed in support of the motion by the Grievance Committee for the Ninth Judicial District and the papers in opposition thereto, and upon the papers filed in support of the motion by the respondent and the papers filed in opposition thereto, it is

ORDERED that the motion by the Grievance Committee for the Ninth Judicial District is granted, and the respondent, Anthony V. Merrill, admitted as Anthony Vincent Merrill, 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 the Court; and it is further,

ORDERED that the respondent, Anthony V. Merrill, admitted as Anthony Vincent Merrill, 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 V. Merrill, admitted as Anthony Vincent Merrill, 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 V. Merrill, admitted as Anthony Vincent Merrill, 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 respondent, Anthony V. Merrill, admitted as Anthony Vincent Merrill, is directed to promptly advise this Court upon being sentenced and simultaneously file with the Court a certified record of the judgment of conviction (see Matter of Delany, 87 NY2d 508); and it is further,

ORDERED the respondent's motion is denied.

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

ENTER:

Aprilanne Agostino

Clerk of the Court