Appellate Division: Second Judicial Department

M291292

KS/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

FRANCESCA E. CONNOLLY

BARRY E. WARHIT, JJ.

2023-02489 In the Matter of Manuel Ortega, an attorney and counselor-at-law. Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, petitioner; Manuel Ortega, respondent. (Attorney Registration No. 2151421)

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts pursuant to Judiciary Law § 90(4)(f) and 22 NYCRR 1240.12(b)(2)(ii), to suspend the respondent from the practice of law based on his conviction of a serious crime. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on December 9, 1987.

On September 13, 2022, the respondent was convicted, upon his plea of guilty, in the Criminal Court of the City of New York, Richmond County, before the Honorable Biju Koshy, of one count of criminal tax fraud in the fifth degree, in violation of Tax Law § 1802, a class A misdemeanor. The respondent was sentenced to a conditional discharge, the condition being payment of the tax penalty and interest in the amount of $60,510.10.

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 motion is granted; and it is further,

ORDERED that the respondent, Manuel Ortega, 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, Manuel Ortega, shall promptly comply with this Court's 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, Manuel Ortega, 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 himself out in any way as an attorney and counselor-at-law; and it is further,

ORDERED that if the respondent, Manuel Ortega, 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 on the Court's own motion, pursuant to 22 NYCRR 1240.12(c)(2)(i), the respondent, Manuel Ortega, 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 Acting Clerk of the Court, with proof of service upon the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, through the digital portal on this Court's website, on or before November 27, 2023; and it is further,

ORDERED that the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts shall upload a digital copy of a response to the papers filed by the respondent, Manuel Ortega, if any, with proof of service thereof, through the digital portal on this Court's website on or before December 11, 2023; and it is further,

ORDERED that the Acting Clerk of the Court, or his designee, shall serve a copy of this order to show cause on the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, via email; and it is further,

ORDERED that the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts shall serve the respondent, Manuel Ortega, 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 before October 27, 2023.

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

ENTER:

Darrell M. Joseph

Acting Clerk of the Court