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Matter of Orlovsky

September 6, 1989

IN THE MATTER OF DONALD A. ORLOVSKY, AN ATTORNEY AT LAW

ORDER

This matter having been presented on the report and recommendation of the Disciplinary Review Board that DONALD A. ORLOVSKY of WEST PALM BEACH, FLORIDA, an attorney who was admitted to the bar of this State in 1977, be suspended from the practice of law in New Jersey for a period of sixty days retroactive to March 27, 1989, based on the sixty-day suspension imposed on respondent by the Supreme Court of Florida, and good cause appearing;

It is ORDERED that the report of the Disciplinary Review Board is hereby adopted and, pursuant to R. 1:20-7, DONALD A. ORLOVSKY is suspended from the practice of law in New Jersey retroactive to March 27, 1989, and until further order of the Court; and it is further

ORDERED that DONALD A. ORLOVSKY be restrained and enjoined from the practice of law during the period of his suspension; and it is further

Ordered that DONALD A. ORLOVSKY comply with Administrative Guideline No. 23 of the Office of Attorney Ethics dealing with suspended attorneys.

APPENDIX

Decision and Recommendation of the Disciplinary Review Board

To the Honorable Chief Justice and Associate Justices of the Supreme Court of New Jersey.

This matter is before the Board on a Motion for Reciprocal Discipline filed by the Office of Attorney Ethics pursuant to R. 1:20-7. This Motion was based on respondent's suspension from the Florida bar for 60 days following his admission of violation of Florida Disciplinary Rule 1-102(A)(3).*fn1 Respondent's conduct was summarized in paragraph four of Respondent's Conditional Guilty Plea for Consent Judgment as follows:

On January 25, 1986 respondent was arrested in Florida and charged with possession of cocaine and possession of drug paraphernalia. Formal charges were filed by the Broward County State Attorney's Office. On May 19, 1986 respondent entered a plea to the charge of possession of cocaine. The charge of possession of narcotics paraphernalia was nolle prossed. Adjudication was withheld by the court on the cocaine possession and respondent was placed on probation for a period of eighteen (18) months. In February, 1987, respondent was cited for violating the terms of his probation and pleaded guilty thereto. He was placed on probation for two (2) years with a continuation of the withheld adjudication on the underlying criminal charge. An order terminating such probation was duly entered on April 2, 1988.

Thereafter, by order dated February 23, 1989, the Supreme Court of Florida suspended respondent for 60 days effective

March 27, 1989. The Court afforded respondent the opportunity to close out his law practice over the 30-day period from the date of the order. Respondent subsequently completed his 60-day suspension, whereupon he was automatically reinstated to the practice of law in Florida subject to his indefinite ...


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