Opinion
2012-01557 Attorney Registration No. 2083236 M151929
04-01-2013
In the Matter of Alexander Herman, an attorney and counselor-at-law. Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, petitioner; v. Alexander Herman, respondent.
, P.J.
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON
RUTH C. BALKIN, JJ.
DECISION & ORDER ON APPLICATION
Application by the respondent, pursuant to 22 NYCRR 691.13(c)(1) for a voluntary suspension based on the contention that he is unable to defend himself due to mental infirmity, and for the appointment of a medical expert to determine, at a later date, if he is no longer incapacitated and the disciplinary proceeding should be continued. By decision and order on motion of this Court dated May 15, 2012, the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts was authorized to institute and prosecute a disciplinary proceeding against the respondent based on a petition dated February 14, 2012, and the issues were referred to the Hon. Abraham Gerges, as Special Referee to hear and report. 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 4, 1983.
Upon the papers filed in support of the application, it is
ORDERED that the application is granted; and it is further,
ORDERED that the respondent is suspended on a voluntary and provisional basis, pursuant to 22 NYCRR 691.13(c)(1), based on his contention that he suffers from a mental infirmity, until a determination is made of the respondent's capacity to practice law; and it is further,
ORDERED that on or before May 2, 2013, the Chief Counsel for the Grievance for the Second, Eleventh, and Thirteenth Judicial Districts shall arrange for the respondent's expeditious examination by a qualified medical expert to determine the respondent's capacity to practice law, in accordance with 22 NYCRR 691.13(c)(1); and it is further,
ORDERED that the disciplinary proceeding is held in abeyance pending receipt of the medical expert's report; and it is further,
ORDERED that on or before April 15, 2013, the respondent shall provide the Court with a copy of a letter by Dr. Michael Weiss, dated on or about October 28, 2012, which was forwarded to the Grievance Committee.
ENG, J.P., RIVERA, SKELOS, DILLON and BALKIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court