Appellate Division: Second Judicial Department

M272020

E/sl

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

COLLEEN D. DUFFY, JJ.

2020-00955 In the Matter of Mark A. Murray, admitted as Mark Alan Murray, an attorney and counselor-at-law. Grievance Committee for the Tenth Judicial District, petitioner; Mark A. Murray, respondent. (Attorney Registration No. 2274801)

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. Cross motion by the respondent (1) pursuant to Judiciary Law § 90(4)(f), setting aside the respondent's automatic suspension upon good cause shown, (2) pursuant to 22 NYCRR 1240.11(a), directing the respondent to complete an appropriate alcohol treatment and monitoring program approved by the Court, (3) pursuant to 22 NYCRR 1240.11(a), staying this attorney disciplinary proceeding pending completion of the alcohol treatment and monitoring program, (4) pursuant to 22 NYCRR 1240.11(a), staying the Grievance Committee's pending investigations of the respondent pending completion of the alcohol treatment and monitoring program, and (5) referring this proceeding to a Special Referee to hear and report. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 21, 1989, under the name Mark Alan Murray.

On December 12, 2019, the respondent was convicted, upon a plea of guilty, in the County Court, Suffolk County, before the Honorable Richard T. Dunne, of petit larceny, a class A misdemeanor, under Penal Law § 155.25. He was sentenced to a one-year conditional discharge and directed to pay restitution in the sum of $179,665.

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

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

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

ORDERED that the respondent, Mark A. Murray, admitted as Mark Alan Murray, 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, Mark A. Murray, admitted as Mark Alan Murray, 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, Mark A. Murray, admitted as Mark Alan Murray, 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, Mark A. Murray, admitted as Mark Alan Murray, 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 on the Court's own motion, pursuant to 22 NYCRR 1240.12(c)(2)(i), the respondent, Mark A. Murray, admitted as Mark Alan Murray, 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 Sandra L. Sgroi, 320 Lake Avenue, St. James, New York 11780, as Special Referee, to hear and report, with the hearing to be completed 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, J.P., MASTRO, RIVERA, DILLON, and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court