Opinion
PM-285-23
12-28-2023
Monica A. Duffy, Attorney Grievance Committee for the Third Judicial Department, Albany (Alison M. Coan of counsel), for Attorney Grievance Committee for the Third Judicial Department. Tesser, Ryan & Rochman, LLP, White Plains (Randall Tesser of counsel), for respondent.
Monica A. Duffy, Attorney Grievance Committee for the Third Judicial Department, Albany (Alison M. Coan of counsel), for Attorney Grievance Committee for the Third Judicial Department.
Tesser, Ryan & Rochman, LLP, White Plains (Randall Tesser of counsel), for respondent.
DECISION AND ORDER ON MOTION
Motion by respondent for an order reinstating him to the practice of law following his suspension by May 2019 order of this Court ( Matter of Attorneys in Violation of Judiciary Law § 468-a , 172 A.D.3d 1706, 1755, 104 N.Y.S.3d 211 [3d Dept. 2019] ; see Rules for Atty Disciplinary Matters [ 22 NYCRR] § 1240.16 ; Rules of App Div, 3d Dept [ 22 NYCRR] § 806.16 ).
Upon reading respondent's notice of motion and affidavit with exhibits and affirmation of counsel with exhibits filed October 26, 2023 and the November 20, 2023 responsive correspondence from the Attorney Grievance Committee for the Third Judicial Department, and having determined, by clear and convincing evidence, that (1) respondent has satisfied the requirements of Rules of the Appellate Division, Third Department (22 NYCRR) § 806.16 (c) (5), (2) respondent has complied with the order of suspension and the rules of this Court, (3) respondent has the requisite character and fitness to practice law, and (4) it would be in the public interest to reinstate respondent to the practice of law (see Rules for Atty Disciplinary Matters [ 22 NYCRR] § 1240.16 [a]), it is
ORDERED that respondent's motion for reinstatement is granted; and it is further
ORDERED that respondent is reinstated as an attorney and counselor-at-law, effective immediately.
Garry, P.J., Egan Jr., Lynch, Clark and Powers, JJ., concur.