Matter of Nagel

Summary

The Appellate Division, First Department granted the Attorney Grievance Committee's motion to immediately suspend Marcus K. Nagel from practicing law based on evidence that he was incapacitated by mental illness. The court stayed the pending disciplinary investigation until further order pursuant to 22 NYCRR 1240.14.

Holdings

1. The Committee presented sufficient evidence that respondent was incapacitated from continuing to practice law due to a mental disability or condition.
2. Respondent was suspended from practicing law in New York effective immediately, and the pending investigation was stayed until further order of the court.

Questions Presented

1. Whether the Attorney Grievance Committee presented sufficient evidence under 22 NYCRR 1240.14 to establish that respondent was incapacitated from practicing law because of a mental disability or condition.
2. Whether respondent should be immediately suspended from the practice of law and the pending disciplinary investigation stayed.

Disposition

other