Opinion
01-14-2016
In the Matter of Joseph H. OSWALD, a Disbarred Attorney. Committee on Professional Standards, Petitioner; Joseph H. Oswald, Respondent.
Monica A. Duffy, Committee on Professional Standards, Albany (Michael G. Gaynor of counsel), for petitioner. Law Offices of Timothy J. O'Connor, Albany (Timothy J. O'Connor of counsel), for respondent.
Monica A. Duffy, Committee on Professional Standards, Albany (Michael G. Gaynor of counsel), for petitioner.Law Offices of Timothy J. O'Connor, Albany (Timothy J. O'Connor of counsel), for respondent.
Before: McCARTHY, J.P., ROSE, LYNCH and DEVINE, JJ.
PER CURIAM.
Respondent was disbarred by this Court in 2007 (46 A.D.3d 1327, 848 N.Y.S.2d 448 [2007] ). By application filed January 26, 2015, respondent applied for reinstatement. Petitioner opposes the motion. By report dated December 2, 2015, a subcommittee of the Committee on Character and Fitness, to whom respondent's application for reinstatement was referred (see Rules of App.Div., 3d Dept. [22 NYCRR] § 806.12 [b] ), recommended, by a 2–to–1 vote, that respondent's reinstatement application be granted, albeit with multiple restrictions.
Upon our review of, among other things, respondent's application and subcommittee testimony, we find that respondent has failed to sufficiently demonstrate that he possesses the requisite character and fitness to resume the practice of law (see Matter of Krouner, 84 A.D.3d 1585, 922 N.Y.S.2d 816 [2011] ; Matter of Wong, 34 A.D.3d 918, 822 N.Y.S.2d 739 [2006] ). Accordingly, the application for reinstatement is denied.
ORDERED that respondent's application is denied.
McCARTHY, J.P., ROSE, LYNCH and DEVINE, JJ., concur.