In re Leo

OPINION OF THE COURT

*219Donald William Leo has submitted an affidavit dated January 21, 2004, wherein he tenders his resignation as an attorney and counselor-at-law (see 22 NYCRR 691.9). Mr. Leo was admitted to the bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 21, 1967.

Mr. Leo is aware that the Grievance Committee has adduced evidence of professional misconduct in its ongoing investigation against him and that it would recommend the institution of a disciplinary proceeding against him. He acknowledges that from approximately July 1998…