Opinion
Motion No. 2022-01515 Case No. 2012-00187
05-31-2022
In the Matter of Kenneth Schneider, a suspended attorney: Attorney Grievance Committee for the First Judicial Department, Petitioner, Kenneth Schneider (OCA Atty. Reg. No. 2536209), Respondent.
Unpublished Opinion
MOTION DECISION
Present - Hon. Rolando T. Acosta, Justice Presiding, Dianne T. Renwick Sallie Manzanet-Daniels Barbara R. Kapnick Angela M. Mazzarelli, Justices.
Respondent, (who was admitted to practice as an attorney and counselor-at-law in the State of New York at a Term of the Appellate Division of the Supreme Court for the First Judicial Department on April 26, 1993), having been convicted, on or about October 1, 2010, in the United States District Court for the Eastern District of Pennsylvania, of traveling in foreign commerce for the purpose of engaging in sex with a minor, in violation of 18 USC § 2423(b) (count 1), and transporting a person in foreign commerce for the purpose of engaging in criminal sexual acts, in violation of 18 USC § 2421 (count 2), both felonies, and by order, dated September 21, 2011, the District Court having vacated respondent's conviction with respect to count 2, And an order of this Court having been entered on July 3, 2012 (M-1733) deeming the crime of which respondent has been convicted to be a "serious crime" within the meaning of Judiciary Law § 90(4)(d), immediately suspending him from the practice of law effective the date thereof, until such time as the disciplinary matters had been concluded and until further order of this Court, and directing respondent to show cause before a Hearing Panel, at a hearing to be held within 90 days from his release from prison, as to why a final order of censure, suspension, or disbarment should not be made, And the Attorney Grievance Committee having moved this Court (M-2022-01515) pursuant to CPLR 2221(a) for an order modifying the aforesaid order of this Court, entered July 3, 2012 (M-1733) to appoint a referee to conduct the hearing and issue a report and recommendation to this Court pursuant to Judiciary Law § 90(4)(g) and the Rules for Attorney Disciplinary Matters [22 NYCRR 1240.12[c][2]), based on respondent's conviction of a serious crime,
And respondent, by his attorney Brian J. Griffin, Esq., having submitted an affirmation dated May 9, 2022, stating that respondent does not oppose the motion, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, it is unanimously, ORDERED, that the Committee's motion is granted and the aforesaid order of this Court, entered July 3, 2012 (M-1733), is hereby modified to the extent of assigning James T. Shed, Esq., 172 West 82nd Street, #4C, New York, New York 10024, Telephone No. 212-580-2116, as Referee, to conduct a hearing within 60 days of the date of this order or as soon thereafter as practicable, and to submit a report, which contains findings on any mitigating or aggravating factors, and a recommendation as to whether the respondent has demonstrated why a final order of public discipline should not be made, within 60 days after the conclusion of the hearing or the submission of post-hearing memoranda.