Appellate Division: Second Judicial Department M276395

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WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

MARK C. DILLON

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, 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 respondent to vacate a decision and order on motion of this Court dated June 5, 2020, which, inter alia, suspended him from the practice of law based on his conviction of a serious crime, and to immediately reinstate him to the practice of law. 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. By decision and order on motion of this Court dated June 5, 2020, inter alia, the respondent was immediately suspended from the practice of law, based on his conviction, upon his plea of guilty, on April 23, 2019, in the County Court, Suffolk County, of identity theft in the third degree, in violation of Penal Law § 190.78(1), a class A misdemeanor, and he was directed to promptly apprise the Court upon being sentenced.

In support of the motion, the respondent advises the Court that on July 24, 2020, his conviction for identity theft in the third degree was vacated, and, upon his plea of guilty, he was convicted of disorderly conduct, in violation of Penal Law § 240.20, a violation.

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

ORDERED that the motion is granted to the extent that the suspension of Anthony V. Merrill, admitted as Anthony Vincent Merrill, based upon his conviction of a serious crime as set forth in the decision and order on motion of this Court dated June 5, 2020, is vacated forthwith, effective immediately, Anthony Vincent Merrill, is reinstated as an attorney and counselor-at-law, the Clerk of the Court is directed to restore the name of Anthony Vincent Merrill to the roll of attorneys and counselors-at-law, and the motion is otherwise denied; and it is further,

ORDERED that on the Court's own motion, no further action based on the conviction on April 23, 2019, in the County Court, Suffolk County, of identity theft in the third degree, in violation of Penal Law § 190.78(1), will be taken at this time.

MASTRO, A.P.J., RIVERA, DILLON, CHAMBERS, and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court