In the Matter of Ruth M. Pollack - James Edward Pelzer

"" In the Matter of Ruth M. Pollack, admitted
as Ruth Marie Pollack, an attorney and
counselor-at-law.

Grievance Committee for the Tenth Judicial District, petitioner;
Ruth M. Pollack, respondent.

(Attorney Registration No. 1892660)

By letter dated January 27, 2009, the Grievance Committee for the Tenth Judicial
District informed the court that the respondent was convicted on September 26, 2008, of criminal contempt pursuant to Federal Rules of Criminal Procedure rule 42 in the United States District Court, Eastern District of New York.

She was sentenced by the Honorable Allyne R. Ross to unsupervised probation for a period of two years and suspended from the practice of law in the Eastern District of New York for a period of 45 days.

The Grievance Committee submitted certified copies of the judgment dated September 26, 2008, the memorandum and verdict dated September 19, 2008, and the sentencing minutes dated September 26, 2008, and took the position that the respondent’s conviction qualifies as a serious crime within the meaning of Judiciary Law § 90(4)(d) and 22 NYCRR 691.7(b). Notwithstanding that order of suspension, the respondent continued to practice law in the United States District Court, Eastern District of New York.

Accordingly, by order dated December 31, 2008, the Committee on Grievances for the Eastern District of New York suspended the respondent from the practice of law before that court for a period of two years.

The Grievance Committee for the Tenth Judicial District also submitted a certified copy of that order to the court and served the respondent with a notice pursuant to 22 NYCRR 691.3 informing her of her right to file a verified statement setting forth defenses to the imposition of reciprocal discipline.

The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on October 26, 1983, under the name Ruth Marie Pollack.

Upon the papers submitted to the court, it is ORDERED that on the court’s own motion, the respondent Ruth M. Pollack, admitted as Ruth Marie Pollack, 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;

and it is further, ORDERED that the respondent, Ruth M. Pollack, admitted as Ruth Marie Pollack, 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, Ruth M. Pollack, admitted as Ruth Marie Pollack, 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 on the court's own motion, the Grievance Committee for the Tenth
Judicial District is hereby authorized to institute and prosecute a disciplinary proceeding in this court, as petitioner, against the said Ruth M. Pollack, admitted as Ruth Marie Pollack, based on her conviction of a serious crime; and it is further,

ORDERED that Rita E. Adler, Chief Counsel to the Grievance Committee for the Tenth Judicial District, 150 Motor Parkway, Suite 102, Hauppauge, N.Y. 11788, 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 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 shall serve an answer to the petition upon the petitioner and the Special Referee and file the original answer with this court within 20 days after service upon her of the petition; and it is further,

ORDERED that the issues raised by the petition and any answer thereto are referred
to the Honorable James A. Gowan, a retired Justice of the Supreme Court, Suffolk County, 90 Sequams Lane East, West Islip, N.Y. 11795, as Special Referee to expeditiously 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; and it is further,

ORDERED that if the respondent, Ruth M. Pollack, admitted as Ruth Marie Pollack,
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 691.10(f); and it is further,

ORDERED that the Grievance Committee’s application pursuant to 22 NYCRR 691.3
to impose reciprocal discipline upon the respondent is denied as academic.

PRUDENTI, P.J., MASTRO, RIVERA, SPOLZINO and FISHER, JJ., concur.

ENTER:
James Edward Pelzer
Clerk of the Court ""

Source of Post
http://www.courts.state.ny.us/courts/ad2/calendar/webcal/motions/2009/M88523.pdf