Appellate Division: Second Judicial Department

M271474

E/sl

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

LINDA J. CHRISTOPHER, JJ.

2020-01753 In the Matter of Barry Alan Hoffberg, a suspended attorney. Grievance Committee for the Tenth Judicial District, petitioner; Barry Alan Hoffberg, respondent. (Attorney Registration No. 2708543)

ORDER TO SHOW CAUSE

Motion by the Grievance Committee for the Tenth Judicial District to strike the respondent's name from the roll of attorneys and counselors-at-law, pursuant to Judiciary Law § 90(4), based upon his conviction of a felony. The respondent was admitted to the Bar at a term of the Appellate Division in the Second Judicial Department on June 9, 1993. In a separate proceeding to impose reciprocal discipline, under Appellate Division Docket No. 2015-2465, by opinion and order dated December 23, 2015, the respondent was suspended from the practice of law for a period of one year and until further order of the Court, based on the findings of the Supreme Court of the State of New Jersey in an order filed October 1, 2014 (see Matter of Hoffberg, 136 AD3d 100). The respondent has not been reinstated to practice in the State of New York.

On February 12, 2018, the respondent was convicted, upon pleas of guilty, in the Superior Court of the State of New Jersey, Bergen County, under three separate indictments, of maintaining or operating a controlled dangerous substance production facility, in violation of N.J. Stat. § 2C:35-4, a felony. On April 6, 2018, the respondent was sentenced to three concurrent 12-year sentences of imprisonment.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

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

ORDERED that on the Court's own motion, pursuant to 22 NYCRR 1240.12(c)(2)(i), the respondent, Barry Alan Hoffberg, 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 uploading a digital copy of an affidavit, with proof of service upon the Grievance Committee for the Tenth Judicial District, through the digital portal on this Court's website, on or before August 17, 2020, and mailing the original to this Court in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that the Grievance Committee for the Tenth Judicial District shall file a response to the papers filed by the respondent, Barry Alan Hoffberg, if any, by uploading a digital copy of the response, with proof of service thereof, through the digital portal on this Court's website, on or before August 31, 2020, and mailing the original to this Court in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that the Clerk of the Court, or her designee, shall serve a copy of this order to show cause on the Grievance Committee for the Tenth Judicial District, via email; and it is further,

ORDERED that the Grievance Committee for the Tenth Judicial District shall serve the respondent, Barry Alan Hoffberg, with a copy of this order to show cause pursuant to CPLR 2103(c) and file proof of service with this Court via email at [email protected] on or before July 16, 2020.

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

ENTER:

Aprilanne Agostino

Clerk of the Court