Appellate Division: Second Judicial Department

M278058

E/sl

HECTOR D. LASALLE, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

CHERYL E. CHAMBERS

ROBERT J. MILLER, JJ.

2020-08454 In the Matter of Amelia T. DelVecchio, admitted as Amelia Theresa DelVecchio, an attorney and counselor-at-law. Grievance Committee for the Ninth Judicial District, petitioner; Amelia T. DelVecchio, respondent. (Attorney Registration No. 1368208)

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Ninth Judicial District pursuant to 22 NYCRR 1240.14(b), for a determination that the respondent is incapacitated from practicing law by reason of mental disability or condition, or, in the alternative, to deem the charges in the verified petition dated November 9, 2020, established based upon the respondent's default in filing an answer to the petition, and imposing such discipline upon the respondent as the Court may deem appropriate. The Grievance Committee commenced this disciplinary proceeding by the service, and the filing of a notice of petition and a verified petition, both dated November 9, 2020. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the First Judicial Department on December 16, 1963, under the name admitted as Amelia Theresa DelVecchio.

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

ORDERED that the branch of the motion which is pursuant to 22 NYCRR 1240.14(b), for a determination that the respondent, Amelia T. DelVecchio, admitted as Amelia Theresa DelVecchio, is incapacitated from practicing law by reason of mental disability or condition under 22 NYCRR 1240.14(b) is granted, and the respondent is immediately suspended from the practice of law pursuant to 22 NYCRR 1240.14(b) on the ground that she is incapacitated from practicing law by reason of mental disability or condition, for an indefinite period of time and until further order of the Court; and it is further,

ORDERED that the disciplinary proceeding commenced, pursuant to 22 NYCRR 1240.8, by the Grievance Committee for the Ninth Judicial District based on the allegations of professional misconduct set forth in the verified petition dated November 9, 2020, and the branch of the motion by the Grievance Committee for the Ninth Judicial District which is to deem the charges established and to impose discipline are held in abeyance in the interim; and it is further,

ORDERED that the respondent, Amelia T. DelVecchio, admitted as Amelia Theresa DelVecchio, shall promptly comply with this Court's rules governing the conduct of disbarred and 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, Amelia T. DelVecchio, admitted as Amelia Theresa DelVecchio, 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 herself out in any way as an attorney and counselor-at-law; and it is further,

ORDERED that if the respondent, Amelia T. DelVecchio, admitted as Amelia Theresa DelVecchio, 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 her affidavit of compliance pursuant to 22 NYCRR 1240.15(f).

LASALLE, P.J., MASTRO, RIVERA, CHAMBERS and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court