In re Garille

*103OPINION OF THE COURT

The petitioner served the respondent with a petition, dated January 22, 2002, containing one charge of professional misconduct. After a hearing on March 26, 2002, the Special Referee sustained the charge. Both the petitioner and the respondent now move to confirm the Special Referee’s report and to impose such discipline as the Court deems just and proper.

The charge alleges that the respondent has been convicted of a crime.

On or about January 14, 2001, the respondent was charged with assault in the third degree, in violation of Penal Law § 120.00, a class A misdemeanor. On…