Appellate Division: Second Judicial Department

M282155

E/sl

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2020-07108 In the Matter of Francis J. O'Reilly, a suspended attorney. Grievance Committee for the Ninth Judicial District, petitioner; Francis J. O'Reilly, respondent. (Attorney Registration No. 2271237)

DECISION & ORDER ON MOTION

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. On December 18, 2019, in the United States District Court for the Southern District of New York, the respondent pleaded guilty to attempt to evade or defeat tax, in violation of 26 USC § 7201, and willful failure to collect or pay over tax, in violation of 26 USC § 7202. On September 9, 2020, the respondent was sentenced to 18 months incarceration commencing on or about March 31, 2021, to be followed by two years of supervised release. By decision and order on motion dated April 30, 2021, this Court granted that branch of the motion by the Grievance Committee for the Ninth Judicial District which was to immediately suspend the respondent from the practice of law pursuant to Judiciary Law § 90(4)(f), as a result of his conviction of a serious crime, until further order of this Court, and, on the Court's own motion, held any further proceedings in this matter in abeyance pending the release of the respondent from incarceration. The respondent has advised the Court that he has been released from incarceration, by letter dated February 27, 2022.

Now, on the Court's own motion, and upon the papers filed with this Court, it is

ORDERED that pursuant to 22 NYCRR 1240.12(c)(2)(iv) the matter is referred to the Honorable Alfred J. Weiner, The Law Building, 100 Dutch Hill Road, Suite 390, Orangeburg, New York 10962-2120, 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 the Special Referee's 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.

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

ENTER:

Maria T. Fasulo

Clerk of the Court