Appellate Division: Second Judicial Department

M301669

KS/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

JANICE A. TAYLOR, JJ.

2024-05310 In the Matter of Enri Cela, an attorney and counselor-at-law. Grievance Committee for the Tenth Judicial District, petitioner; Enri Cela, respondent. (Attorney Registration No. 5784392)

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Tenth Judicial District pursuant to Judiciary Law § 90(4)(f) and 22 NYCRR 1240.12(b)(2), (c)(2)(i) and (ii) to suspend the respondent from the practice of law based upon his conviction of a serious crime and 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 May 20, 2020.

On September 8, 2023, the respondent was convicted, upon his plea of guilty, in the United States District Court for the Eastern District of New York, before the Honorable Steven Tiscione, United States Magistrate Judge, of possession with intent to distribute marijuana, in violation of 21 USC § 841(a)(1) and (b)(1)(D), a federal felony. On March 25, 2024, the respondent was sentenced to two years of probation, one hundred hours of community service to be completed during the term of probation, and restitution in the amount of $20,850. On or about April 4, 2024, the respondent notified this Court and the Grievance Committee of his conviction.

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

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

ORDERED that the respondent, Enri Cela, 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; and it is further,

ORDERED that the respondent, Enri Cela, shall promptly 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, Enri Cela, 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, Enri Cela, 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, Enri Cela, is directed to show cause at a hearing pursuant to 22 NYCRR 1240.12(c)(2)(iii) before a Special Referee, appointed herein, why a final order of suspension, censure, or disbarment should not be made based on his conviction of a serious crime as defined in Judiciary Law § 90(4)(d); and it is further,

ORDERED that pursuant to 22 NYCRR 1240.12(c)(2)(iii), this matter is referred to David I. Ferber, Esq., c/o Ferber Essner & Coller, LLP, One Grand Central Place, Suite 4700, New York, NY 10165, 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 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, BARROS, and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court