Supreme Court of the State of New York, Appellate Division : Second Judicial Department

May 6, 2026

2025-08065

Hector D. Lasalle, P.J.

Mark C. Dillon

Colleen D. Duffy

Betsy Barros

Janice A. Taylor, JJ.

[*1]

ORDER TO SHOW CAUSE

Motion by the Grievance Committee for the Tenth Judicial District pursuant to Judiciary Law § 90(4)(f) and 22 NYCRR 1240.12(b)(2)(ii), (c)(2)(i) and (ii) to suspend the respondent from the practice of law based upon his conviction of a serious crime and to direct the respondent to show cause why a final order of discipline should not be made. 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 22, 1994. In a separate unrelated proceeding, by opinion and order dated October 9, 2024, the respondent was suspended from the practice of law for six months, commencing November 8, 2024 (see Matter of Gainsburg, 233 AD3d 49).

On November 12, 2024, before the Honorable Diego M. Madrigal III, in the Circuit Court of Orange County, State of Florida, the respondent pled no contest to a violation of Florida Statute § 836.10(2)(a), a second-degree felony. On the same day, the respondent was sentenced to 36 months of probation, ordered to complete a mental health examination and follow any recommended treatment, and assessed court costs and fines of $518.

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

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

ORDERED that the respondent, Barry Robert Gainsburg, is immediately suspended from the practice of law pursuant to Judiciary Law § 90(4)(f) and 22 NYCRR 1240.12(c)(2)(ii) as a result of his conviction of a serious crime, continuing until further order of this Court; and it is further,

ORDERED that the respondent, Barry Robert Gainsburg, shall continue to comply with the 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, Barry Robert Gainsburg, is commanded to continue 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, Barry Robert Gainsburg, 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, pursuant to 22 NYCRR 1240.12(c)(2)(i), the respondent, Barry Robert Gainsburg, 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 the Clerk of the Court, 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 June 22, 2026; and it is further,

ORDERED that the Grievance Committee for the Tenth Judicial District shall upload a digital copy of a response to the papers filed by the respondent, Barry Robert Gainsburg, if any, with proof of service thereof, through the digital portal on this Court's website on or before July 6, 2026; and it is further,

ORDERED that the Clerk of the Court, or his 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 Robert Gainsburg, with a copy of this order to show cause pursuant to CPLR 2103(c) and upload proof of service through the digital portal on this Court's website on or before May 20, 2026.

LASALLE, P.J., DILLON, DUFFY, BARROS and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court