Appellate Division: Second Judicial Department

M279807

E/slHECTOR D. LASALLE, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

CHERYL E. CHAMBERS, JJ.

2016-10890 In the Matter of Michael J. Fury, an attorney and counselor-at-law. (Attorney Registration No. 2432946)

DECISION & ORDER ON MOTION

Michael J. Fury was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on September 11, 1991. The Grievance Committee for the Ninth Judicial District commenced this disciplinary proceeding, pursuant to 22 NYCRR 1240.8, by the service and the filing of a notice of petition dated March 16, 2017, and a verified petition dated March 17, 2017, and Mr. Fury served and filed a verified answer dated April 24, 2017. By decision and order on motion dated September 13, 2017, this Court, upon its own motion, referred the matter to Marc S. Oxman, as Special Referee, to hear and report on the underlying issues, as well as to report on any evidence in mitigation and/or aggravation. By stipulation of the parties dated October 23, 2019, the verified petition and verified answer were amended. Subsequently, the Grievance Committee moved to confirm a report of the Special Referee and for the imposition of such discipline upon Mr. Fury as this Court deemed appropriate. By opinion and order dated October 20, 2021, this Court, inter alia, confirmed the Special Referee's report as to certain charges and directed that Mr. Fury be suspended from the practice of law for a period of two years, commencing November 19, 2021.

On the Court's own motion, it is

ORDERED that the opinion and order dated October 20, 2021, is recalled and vacated, and the above-entitled disciplinary proceeding is discontinued, in light of the death of Michael J. Fury on October 16, 2021.

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

ENTER:

Maria T. Fasulo

Clerk of the Court