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Grievance Comm. for the Second, Eleventh, & Thirteenth Judicial Dists. v. Colbert (In re Colbert)

Supreme Court of the State of New York Appellate Division: Second Judicial Department
Jun 27, 2013
2013 N.Y. Slip Op. 78156 (N.Y. App. Div. 2013)

Opinion

2013-00311 Attorney Registration No. 2525483 M158428

06-27-2013

In the Matter of Joseph G. Colbert, admitted as Joseph George Colbert, an attorney and counselor-at-law. Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, petitioner; v. Joseph G. Colbert, respondent.


, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

DECISION & 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 February 3, 1993, under the name Joseph George Colbert.

By affirmation dated January 2, 2013, the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts notified the Court that on March 23, 2012, the respondent pleaded guilty in the United States District Court for the District of Connecticut to one count of making and subscribing a false tax return, in violation of 26 USC 7206(1). On August 23, 2012, the respondent was sentenced to 60 days incarceration, one year of supervised release (spending the first six months on home confinement), 150 hours of community service, restitution in the sum of $190,822.87 (paid), a $15,000 fine, and a special assessment fee of $100.

Upon the papers filed with the Court and the papers filed in relation thereto, it is

ORDERED that on the Court's own motion, the respondent, Joseph G. Colbert, admitted as Joseph George Colbert, is immediately suspended from the practice of law pursuant to Judiciary Law §90(4)(f) as a result of his conviction of a serious crime, continuing until further order of this Court; and it is further

ORDERED that the respondent, Joseph G. Colbert, admitted as Joseph George Colbert, shall promptly comply with this court's rules governing the conduct of disbarred, suspended, and resigned attorneys (see 22 NYCRR 691.10); 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, Joseph G. Colbert, admitted as Joseph George Colbert, 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 on the Court's own motion, the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts is hereby authorized to institute and prosecute a disciplinary proceeding in this Court, as petitioner, against the respondent, Joseph G. Colbert, admitted as Joseph George Colbert, based on his conviction of a serious crime; and it is further,

ORDERED that Diana M. Kearse, Chief Counsel to the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, Renaissance Plaza, 335 Adams Street - Suite 2400, Brooklyn, N.Y. 11201, is hereby appointed as attorney for the petitioner in such proceeding; and it is further,

ORDERED that the petitioner Grievance Committee shall serve upon the respondent, Joseph G. Colbert, admitted as Joseph George Colbert, and the Special Referee and file with this Court a petition within 30 days after receipt of a copy of this decision and order on motion; and it is further,

ORDERED that the respondent, Joseph G. Colbert, admitted as Joseph George Colbert, shall serve an answer upon the petitioner and the Special Referee, and file the original answer with this Court within 20 days after service upon him of the petition; and it is further,

ORDERED that the issues raised by the petition and any answer thereto are referred to the Honorable Abraham Gerges, a retired Justice of the Supreme Court, Kings County, 31 Elizabeth Lane, P.O. Box 5025, Quogue, N.Y. 11959, as Special Referee to hear and report, together with his findings on the issues, and to submit a report within 60 days after the conclusion of the hearing or the submission of post-hearing memoranda.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

Grievance Comm. for the Second, Eleventh, & Thirteenth Judicial Dists. v. Colbert (In re Colbert)

Supreme Court of the State of New York Appellate Division: Second Judicial Department
Jun 27, 2013
2013 N.Y. Slip Op. 78156 (N.Y. App. Div. 2013)
Case details for

Grievance Comm. for the Second, Eleventh, & Thirteenth Judicial Dists. v. Colbert (In re Colbert)

Case Details

Full title:In the Matter of Joseph G. Colbert, admitted as Joseph George Colbert, an…

Court:Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Jun 27, 2013

Citations

2013 N.Y. Slip Op. 78156 (N.Y. App. Div. 2013)