Motion List released on: May 9, 2019
By Scheinkman, P.J.; Mastro, Rivera, Dillon and Lasalle, JJ.MATTER of Jose A. Rey, an attorney and counselor-at-law. Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, petitioner; Jose A. Rey, res — (Attorney Registration No. 1546985) — Motion by the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, pursuant to 22 NYCRR 1240.14(b) for a determination that the respondent is incapacitated from practicing law by reason of mental disability or condition, or in the alternative, to extend the time to serve a notice of petition and verified petition. By decision and order on motion dated July 9, 2018, this Court authorized the Grievance Committee to institute and prosecute a disciplinary proceeding against the respondent and directed the Grievance Committee to serve and file the notice of petition and verified petition within 30 days of receipt of a copy of the decision and order on motion. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 5, 1975.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the branch of the motion which is pursuant to 22 NYCRR 1240.14(b) for a determination that the respondent, Jose A. Rey, is incapacitated from practicing law by reason of mental disability or condition is granted, and the respondent, Jose A. Rey, is immediately suspended from the practice of law pursuant to 22 NYCRR 1240.14(b) on the ground that he is incapacitated from practicing law by reason of mental disability or condition, for an indefinite period of time and until further order of this Court; and it is further,ORDERED that the respondent, Jose A. Rey, shall promptly comply with this Court’s rules governing the conduct of disbarred and 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, Jose A. Rey, 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, Jose A. Rey, 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 the branch of the motion which is to extend the time to serve the notice of petition and verified petition upon the respondent is held in abeyance during the period of time that this suspension is in effect, and the portion of the decision and order on motion of this Court dated July 9, 2018, which directed the Grievance Committee to serve the notice of petition and verified petition upon the respondent is stayed pending further order of this Court.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and LASALLE, JJ., concur.
