Motion List released on: April 30, 2021
By Mastro, A.P.J., Rivera, Dillon, Chambers, Austin, JJ. IN THE MATTER OF FRANCIS J. O’REILLY, AN ATTORNEY AND COUNSELOR-AT-LAW. GRIEVANCE COMMITTEE FOR THE NINTH JUDICIAL DISTRICT, pet; FRANCIS J. O’REILLY, res — Motion by the Grievance Committee for the Ninth Judicial District to strike the respondent’s name from the roll of attorneys and counselors-at-law based on his conviction of a felony, or, in the alternative, to suspend the respondent from the practice of law based on his conviction of a serious crime. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 21, 1989. On December 18, 2019, in the United States District Court for the Southern District of New York, the respondent pleaded guilty to attempt to evade or defeat tax, in violation of 26 USC §7201, and willful failure to collect or pay over tax, in violation of 26 USC §7202. On September 9, 2020, the respondent was sentenced to 18 months incarceration commencing on or about March 31, 2021, to be followed by two years of supervised release. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the branch of the motion which is to strike the name of the respondent, Francis J. O’Reilly, from the roll of attorneys and counselors-at-law based on his conviction of a felony is denied; and it is further, ORDERED that the branch of the motion which is to suspend the respondent, Francis J. O’Reilly, from the practice of law, pursuant to Judiciary Law §90(4)(f), based on his conviction of a serious crime as defined in Judiciary Law §90(4)(d) is granted, and the respondent is immediately suspended from the practice of law, pursuant to Judiciary Law §90(4)(f), as a result of his conviction of a serious crime, continuing until further order of this Court; it is further, ORDERED that the respondent, Francis J. O’Reilly, 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, Francis J. O’Reilly, 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 himself out in any way as an attorney and counselor-at-law; and it is further, ORDERED that if the respondent, Francis J. O’Reilly, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency, and he shall certify to the same in his affidavit of compliance pursuant to 22 NYCRR 1240.15(f); and it is further, ORDERED that on the Court’s own motion, any further proceedings in this matter are held in abeyance pending the release of the respondent, Francis J. O’Reilly, from incarceration; and it is further, ORDERED that the respondent, Francis J. O’Reilly, shall promptly advise the Court upon his release from incarceration. MASTRO, A.P.J., RIVERA, DILLON, CHAMBERS and AUSTIN, JJ., concur.
