Matter of Izquierdo

Matter of Izquierdo 2008 NY Slip Op 09337 [56 AD3d 1117] November 26, 2008 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 7, 2009

In the Matter of Jose A. Izquierdo II, an Attorney, Respondent. Committee on Professional Standards, Petitioner.

—[*1] Mark S. Ochs, Committee on Professional Standards, Albany (Geoffrey E. Major of counsel), for petitioner.

Duane Morris LLP, Newark, N.J. (Eric R. Breslin of counsel), for respondent.

Per Curiam. Respondent was admitted to practice by this Court in 2003. He maintained an office for the practice of law in New Jersey where he was admitted to the bar in 2002.

In August 2008, respondent pleaded guilty in the United States District Court for the District of New Jersey to the federal felony of knowingly and willfully making false, fictitious and fraudulent statements to agents of the FBI during their interview of him as part of a bribery investigation (see 18 USC § 1001). By order dated September 2, 2008, the New Jersey Supreme Court, citing the plea, temporarily suspended respondent from practice, effective immediately. Respondent is scheduled to be sentenced on December 15, 2008.

Respondent has pleaded guilty to a serious crime warranting his interim suspension pursuant to Judiciary Law § 90 (4) (f) until such time as a final order shall be entered by this Court pursuant to [*2]Judiciary Law § 90 (4) (g) (see Matter of Reich, 25 AD3d 1063 [2006]; Matter of Williams, 217 AD2d 9 [1995]; Matter of Konigsberg, 183 AD2d 335 [1992]). We therefore grant petitioner's motion to the extent that it requests such an order. Respondent does not oppose the motion.

Mercure, J.P., Peters, Spain, Rose and Kavanagh, JJ., concur. Ordered that petitioner's motion is granted to the extent that it seeks an interim suspension of respondent from the practice of law pursuant to Judiciary Law § 90 (4) (f); and it is further ordered that respondent is suspended from the practice of law pursuant to Judiciary Law § 90 (4) (f), effective immediately, until such time as a final disciplinary order is made pursuant to Judiciary Law § 90 (4) (g), and until further order of this Court; and it is further ordered that, for the period of suspension, respondent is commanded to desist and refrain from the practice of law in any form, either as principal or as agent, clerk or employee of another; and respondent is hereby forbidden to appear as an attorney or counselor-at-law before any court, judge, justice, board, commission or other public authority, or to give to another an opinion as to the law or its application, or any advice in relation thereto; and it is further ordered that respondent shall comply with the provisions of this Court's rules regulating the conduct of suspended attorneys (see 22 NYCRR 806.9).