Opinion
2021-02026
09-13-2021
In the Matter of Marcie A. Serber, admitted as Marcie Ann Serber, an attorney and counselor-at-law. Grievance Committee for the Tenth Judicial District, petitioner; Marcie A. Serber, respondent. Attorney Registration No. 2209567
M278094 E/sl
HECTOR D. LASALLE, P.J. WILLIAM F. MASTRO REINALDO E. RIVERA MARK C. DILLON SYLVIA HINDS-RADIX, JJ.
DECISION & ORDER ON MOTION
Motion by the Grievance Committee for the Tenth Judicial District pursuant to Judiciary Law § 90(4)(f) and 22 NYCRR § 1240.12(b)(2) and (c)(2)(ii), to suspend the respondent from the practice of law based on her conviction of a serious crime, and for an order directing the respondent to show cause why a final order of discipline should not be imposed. The respondent was admitted to the Bar as an attorney and counselor-at-law at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on July 27, 1988, under the name Marcie Ann Serber.
On October 27, 2020, the respondent was convicted, upon a plea of guilty, in the Criminal Court of the City of New York, New York County, before the Honorable Jay Weiner, of the crime of offering a false instrument for filing in the second degree in violation of Penal Law § 175.30, a class A misdemeanor. On November 2, 2020, the respondent was sentenced, in the Criminal Court of the City of New York, New York County, before the Honorable Herbert J. Moses, to an unconditional discharge, and was ordered to pay $250 in surcharges and fees. Additionally, the respondent paid restitution in the amount of $15, 054.81, which satisfied a condition of the plea.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the respondent, Marcie A. Serber, admitted as Marcie Ann Serber, is immediately suspended from the practice of law, pursuant to Judiciary Law § 90(4)(f), as a result of her conviction of a serious crime, continuing until further order of this Court; it is further, ORDERED that the respondent, Marcie A. Serber, admitted as Marcie Ann Serber, shall promptly comply with this Court's rules governing the conduct of disbarred or 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, Marcie A. Serber, admitted as Marcie Ann Serber, 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 herself out in any way as an attorney and counselor-at-law; and it is further, ORDERED that if the respondent, Marcie A. Serber, admitted as Marcie Ann Serber, 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 her affidavit of compliance pursuant to 22 NYCRR § 1240.15(f); and it is further, ORDERED that the respondent, Marcie A. Serber, admitted as Marcie Ann Serber, is directed to show cause at a hearing, pursuant to 22 NYCRR §1240.12(c)(2)(iv), why a final order of suspension, censure, or disbarment should not be made based on her conviction of a serious crime; and it is further, ORDERED that on the Court's own motion, pursuant to 22 NYCRR §1240.12(c)(2)(i), this matter is referred to Honorable Sandra L. Sgroi, 320 Lake Avenue, St. James, New York 11780, as Special Referee, to conduct the hearing pursuant to 22 NYCRR §1240.12(c)(2)(iv), within 60 days of the date of this decision and order on motion, or as soon thereafter as practicable, and to submit a report, which contains her 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.
LASALLE, P.J., MASTRO, RIVERA, DILLON and HINDS-RADIX, JJ., concur.