Matter of a Member of the Bar: Gaby

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IN THE SUPREME COURT OF THE STATE OF DELAWARE IN THE MATTER OF A MEMBER OF THE BAR OF THE SUPREME COURT OF THE STATE OF DELAWARE: JOSEPH A. GABAY, Respondent, § § § § § § § § § 536, 2013 ODC File No. 105284-B ODC File No. 105340-B ODC File No. 105345-B ODC File No. 108282-B ODC File No. 108290-B Submitted: October 4, 2013 Decided: October 15, 2013 Before STEELE, Chief Justice, JACOBS and RIDGELY, Justices. ORDER This 15th day of October 2013, upon petition from Joseph A. Gabay, Esquire, pursuant to Rule 19(b) of the Delaware Lawyer s Rules of Disciplinary Procedure to transfer Mr. Gabay to Disability Inactive Status. Mr. Gabay is currently suspended on an interim basis by order of this Court dated March 12, 2013. In re Gabay, Del. Supr., No. 108, 2013. It appears that Mr. Gabay is suffering from emotional and/or mental health problems which make him unable to participate in his defense and adversely affect his ability to practice law. Joseph Benson, Esquire is receiver of Petitioner s practice. The Office of Disciplinary Counsel does not oppose the transfer to Disability Inactive Status as requested by Petitioner. The Court has reviewed the Petition and has concluded it is in the best interest of the public to place Mr. Gabay on Disability Inactive Status for an indefinite period of time and to stay all pending disciplinary proceedings. NOW, THEREFORE, IT IS HEREBY ORDERED THAT: Joseph Gabay, is hereby transferred to Disability Inactive Status until such time as he can demonstrate by clear and convincing evidence that any disabilities have been removed. This Order shall be made public. BY THE COURT: /s/ Henry duPont Ridgely Justice

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