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IN RE: Aaron ETRA an attorney: Attorney Grievance Committee for the First Judicial Department, Petitioner, v. Aaron Etra (OCA Atty Reg. 1184761), Respondent.
Respondent Aaron Etra was admitted to the practice of law in the State of New York by the First Judicial Department on March 28, 1966. At all times relevant herein, he maintained a registered business address in the First Judicial Department.
By unpublished order dated October 25, 2024, this Court found respondent guilty of professional misconduct in violation of the Rules of Professional Conduct (22 NYCRR 1200.00) rules 8.4(d) (conduct prejudicial to the administration of justice) and 8.4(h) (other conduct that adversely reflects on fitness as a lawyer) and appointed a referee to conduct a sanction hearing.
By motion dated February 21, 2025, the Attorney Grievance Committee (AGC) seeks an order pursuant to the Rules for Attorney Disciplinary Matters (22 NYCRR) § 1240.14(b), immediately suspending respondent from the practice of law. The AGC maintains that respondent, who is 83 years old, suffers from medical infirmities that render him presently unable to defend himself at the sanction hearing or to otherwise practice law. In support of its motion, the AGC submitted an affirmation from respondent detailing his health issues and consenting to a suspension on medical grounds, and letters from two of respondent's physicians, corroborating respondent's medical conditions. Respondent has not opposed the motion.
As the AGC has presented sufficient medical evidence of respondent's incapacity to practice law, immediate suspension is warranted pursuant to 22 NYCRR 1240.14(b) and this Court's precedent (see Matter of Schneider, 235 A.D.3d 144, 228 N.Y.S.3d 62 [1st Dept. 2025]; Matter of Olive, 216 A.D.3d 59, 188 N.Y.S.3d 477 [1st Dept. 2023]; Matter of Roussin, 208 A.D.3d 174, 173 N.Y.S.3d 4 [1st Dept. 2022]).
Accordingly, the AGC's motion should be granted, and respondent suspended from the practice of law in the State of New York pursuant to 22 NYCRR 1240.14(b), effective immediately, and any disciplinary investigation or proceedings against respondent are stayed until further order of this Court.
Wherefore, it is Ordered that the motion by the Attorney Grievance Committee for the First Judicial Department for immediate suspension, pursuant to 22 NYCRR 1240.14(b), is granted, and respondent, Aaron Etra, is suspended from the practice of law in the State of New York effective immediately, and until further order of this Court, and any disciplinary investigation or proceedings against respondent are stayed until further order of this Court; and
It is further Ordered that, pursuant to Judiciary Law § 90, during the period of suspension, respondent, Aaron Etra, is commanded to desist and refrain from (1) the practice of 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, during the period of suspension, respondent, Aaron Etra, shall comply with the rules governing the conduct of disbarred or suspended attorneys (see 22 NYCRR 1240.15), which are made part hereof; and
It is further Ordered that if respondent, Aaron Etra, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith.
Per Curiam
All concur.
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Docket No: Motion No. 2025-01069
Decided: May 01, 2025
Court: Supreme Court, Appellate Division, First Department, New York.
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