Appellate Division: Second Judicial Department

M295450

KS/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

FRANCESCA E. CONNOLLY

BARRY E. WARHIT, JJ.

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

ECISION & ORDER ON APPLICATION

Application by the respondent, pursuant to 22 NYCRR 1240.12(c)(2)(iii), to refer this matter to a hearing before a Special Referee. 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. By decision and order on motion of this Court dated October 13, 2023, the respondent was 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, criminal tax fraud in the fifth degree, in violation of Tax Law § 1802, a class A misdemeanor, in the Criminal Court of the City of New York, Richmond County. On September 13, 2022, 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. By the same order, the respondent was 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.

Upon the papers filed in support of the application and the papers filed in relation thereto, it is

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

ORDERED that pursuant to 22 NYCRR 1240.12(c)(2)(iii), this matter is referred to the Honorable Arthur J. Cooperman, 110-11 Queens Boulevard, Apt. 10H, Forest Hills, NY 11375, as Special Referee, to hear and report, with the hearing to be conducted within 60 days of this decision and order on motion, or as soon as practicable, and to submit a 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, within 60 days after the conclusion of the hearing or the submission of post-hearing memoranda.

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

ENTER:

Darrell M. Joseph

Clerk of the Court